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FULL PACKET_2019-12-17
REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: ORDINANCE SECOND READING: APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 WITH AC 2525 MAIN, LLC AND AMENDMENT APPLICATION NO. 2018-10 TO ESTABLISH SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR 2525 NORTH MAIN STREET {STRATEGIC PLAN NO. 3,21 /s/Kristine Ridge CITY MANAGER RECOMMENDED ACTION Place ordinances on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ �K•�►nl►tri�.ic•� FILE NUMBER DISCUSSION The City Council requested a staff review and analysis of comment letters received from Dale Helvig, Mark Rothenberg, and Ellen Koldewey pertaining to the 2525 N. Main development project submitted during the second reading hearing on December 3, 2019. Responses to the various business points were provided to the City Council on December 11, 2019, in a staff memorandum from the City Manager. The legal team also reviewed the comment letters for legal concerns and recommended the following refinements to the Development Agreement: 1. Incorporate a survivability clause to clarify elements of the Agreement that will survive the termination of the Development Agreement. 2. Require the Owner to fund project improvements instead of stipulating construction of the improvements. This change applies to Santiago Park improvements, security fencing along the underpass, and traffic calming measures. This addresses concerns regarding competitive bidding and fee calculations. 3. Clarify that approval of the CC&R's be deemed denied if the City Attorney does not review and approve them within 30 days of receipt. The refinements and clarifications are non -substantive and have been incorporated into the Development Agreement as part of the second reading of Ordinance No. NS-2979. 11 A-1 Second Reading: Development Agreement No December 17, 2019 Page 2 STRATEGIC PLAN ALIGNMENT 2018-01/Amendment Application No. 2018-10 Approval of this item supports Goal No. 3 Economic Development, Objective No. 2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). Minh Thai Executive Director Planning and Building Agency Exhibits: 1. December 11, 2019, Staff Memorandum to City Council 2. Ordinance No. NS-2979 3. Ordinance No. NS-2980 11 A-2 MEMORANDUM To: Honorable Mayor and City Council Date: December 11, 2019 From: Kristine Ridge, City Manager Subject: Review and Analysis of Comments Regarding 2525 N. Main Development Project This memorandum responds to the Mayor and City Council request for a staff review and analysis of comment letters received from Dale Helvig, Mark Rothenberg, and Ellen Koldewey pertaining to the 2525 N. Main development project submitted during the second reading hearing on December 3, 2019. Responses to the various business points are presented below and following that please find recommended refinements to the Development Agreement. All legal concerns raised have been addressed in a separate memorandum by the City Attorney. Point Raised: The Agreement should also obligate the lender to the terms and it should be enforceable for a 55-year period. Response: • The term of the Agreement is 4 years with two optional 1-year extensions, for a total of 6 years, subject to approval by the City Council and a $50,000 payment for each extension. The 4-year term is considerably shorter than a conventional developer agreement to incentivize developer to complete the project sooner rather than later. • The Agreement and all surviving provisions would be applicable to all parties including the mortgagee (lender) and parties with ownership interests in the property in whole or in part. • Project conditions and obligations surviving the term of the Development Agreement would be enforceable through zoning requirements specific to the property and/or within recorded instruments such as the maintenance agreement and public access easement(s) that run with the land regardless of project ownership. • The Development Agreement establishes performance deadlines by linking the issuance of construction permits and/or occupancy approval to the completion and approval of the various plans and agreements by the City ensuring compliance prior to construction and occupancy of the development. 1 11 A-3 Point Raised. Project design elements including public art installation, undergrounding of utilities, balconies, and storage areas are not clearly identified in the current proposal. Response: The design, specifications, and location of these items would normally be addressed in detail during the plan check process. The public art component would also be reviewed during the plan check process and as stipulated in the agreement and proposed SD-93; its valuation shall be equal to 0.5% of the total project construction cost. Point Raised. The project should incorporate a pedestrian bridge crossing on Main and the existing right-of-way cannot accommodate the proposed north and south bound turn pockets. Response: The proposed design and reconfiguration of Main Street meets the Public Work's standards and requirements forvehicular and pedestrian circulations. Point Raised: Implementation of the project emergency access road entrance on Edgewood will require removal of palm trees within the public parkway. Response: The proposed project emergency access is through an existing driveway opening on Edgewood at Bush. This proposed design eliminated the need to remove any existing palm trees within the public parkway. Point Raised. Future use of the proposed parking lot property and project setback from the proposed parking lot property have not been clearly articulated. Response: The proposed parking lot property along the southern edge of the site could only be developed as a surface parking lot to accommodate 180 parking spaces. The parking lot will define the setback. Other uses and structures on the property would not be permissible. This prohibition also applies to parking structures. Point Raised: The periodic review provision of the agreement is vague. Response: The Agreement stipulates an annual review by the City for compliance by the developer with the terms of the Agreement. The cost associated with this review is to be funded by the Owner. The Agreement authorizes the City Manager to stipulate and determine the information necessary for the review that will include but is not limited to performance milestones and deliverables, payment of fees, and a project development status. This provision maintains flexibility for the City to require additional information as determined necessary over the term of the Agreement. 11 A-4 Recommended Refinements to the Development Agreement: The following is a summary of refinements recommended by the City team providing clarifications to the Development Agreement: • Incorporate a survivability clause to clarify elements of the Agreement that will survive the termination of the Development Agreement. • Require the Owner to fund project improvements instead of stipulating construction of the improvements. This change applies to Santiago Park improvements, security fencing along the underpass, and traffic calming measures. This address concerns regarding competitive bidding and fee calculations. 11 A-5 1*:1:11-3Y1111V LS 11.19.19 ORDINANCE NO. NS-2979 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2018-01 BETWEEN THE CITY OF SANTA ANA AND AC 2525 MAIN, LLC FOR CERTAIN REAL PROPERTY LOCATED AT 2525 NORTH MAIN STREET WITHIN THE CITY OF SANTA ANA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65864, ET SEQ. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: WHEREAS, the City of Santa Ana ("City") is authorized pursuant to Government Code Sections 65864 through 65869.5 to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both City and owner in the development process; and WHEREAS, the City has found that development agreements strengthen the public planning process, encourage private participation in comprehensive planning by providing a greater degree of certainty in that process, reduce the economic costs of development, allow for the orderly planning of public improvements and services, allocate costs to achieve maximum utilization of public and private resources in the development process, and ensure that appropriate measures to enhance and protect the environment are achieved; and WHEREAS, the City enters into this Development Agreement pursuant to the provisions of the Government Code and applicable City policies; and WHEREAS, AC 2525 Main, LLC ("Applicant") seeks to develop the Addington Multi -Family Residential Project ("proposed Project"), originally proposed as a 496-unit multi -family project on a 5.93-acre site at 2525 North Main Street in Santa Ana, California ("Project Site'); and WHEREAS, during the entitlement and environmental review process, and in response to comments and concerns raised by the public and the City's elected officials, the Applicant has proposed modifications to the original proposal; and WHEREAS, the Project as currently proposed now entails, among other things, (1) demolition of the existing 81,172 square foot vacant two-story office building and 442-space surface parking lot on the Project Site; (2) redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for -rent multi -family residential units and a Ordinance NS-2979 Page 1 of 10 #191680 11 A-6 167,253 square foot central parking structure and a 284 space surface level parking lot with residential and commercial parking; (3) approval of Development Agreement No. 2018-01 between the City of Santa Ana ("City") and Applicant; (4) approval of General Plan Amendment No. 2018-06, which would change the Project Site's existing land use designation of Professional & Administration Office (PAO) to District Center (DC); and (5) approval of Amendment Application No. 2018-10, which would change the zoning of the Project Site from Professional (P) to Specific Development No. 93 (SD-93) designation; and WHEREAS, on August 27, 2018, the Planning Commission conducted a work study session to overview the Project and thirty-two (32) verbal comments were received (three (3) in support and twenty-nine (29) in opposition) and nine (9) written comments were received (one (1) in support and eight (8) in opposition); and WHEREAS, on November 26, 2018, the Planning Commission continued a duly noticed public hearing for the project to January 14, 2019 and held a second study session to overview the Project and fifty-eight (58) verbal comments were received (twenty-five (25) in support; thirty-one (31) in opposition and two (2) neutral) and eleven (11) written comments were received (two (2) in support and nine (9) in opposition); and WHEREAS, on January 14, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, seventy-nine (79) members of the public spoke on the item, thirty (30) speakers supported the project, forty-eight (48) opposed it and one speaker was neutral. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission voted to recommend that the City Council does not certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and deny the Project; and WHEREAS, on February 5, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-one (61) members of the public spoke on the item, thirty-eight (38) speakers supported the project, twenty (20) speakers opposed it and three (3) speakers were neutral and the public hearing was continued to the next regular adjourned City Council meeting on February 19, 2019; and WHEREAS, on February 19, 2019, the City Council continued to conduct a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, one hundred and thirty-one (131) members of the public spoke on the item, twenty-six (26) speakers supported the project and one hundred and five (105) speakers opposed it and one hundred and sixty - Ordinance NS-2979 Page 2 of 10 #19168v1 11 A-7 six (166) written comments were received with nine (9) in support and one hundred and fifty-seven (157) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the City Council voted that the applications go back to the Planning Commission for reconsideration after further consultation with the community; and WHEREAS, in June 2019, the applicant submitted a revised plan consisting of development 347 multi -family units (59 dwelling units per acre), with 642 parking spaces (1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4- story residential building wrapped around a five -level parking structure with an amenity deck on the sixth -level, private open space, and redesigned the intersection of Main Street and Walkie Way/Santiago Park Drive to provide access to the project on a 5.93- acre site (the "June Revised Plan"); and WHEREAS, on August 12, 2019, the Planning Commission conducted a duly noticed public hearing to consider the June Revised Plan. At the meeting, seventy-seven (77) members of the expressed opposition; nine (9) supported the project, and one speaker was neutral. In addition, one -hundred (100) written comments were received with six (6) in support and ninety-four (94) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission vote resulted in an impasse; and WHEREAS, in October 2019, in response to comments received the applicant submitted a further revised plan, including redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for -rent multi -family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot which also reduced the Project's height, increased the Project's setbacks, and modified the Project entrance ("October Modified Project"); and WHEREAS, on October 28, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and two (2) in expressed support the project. In addition, ninety-eight (98) individuals submitted comments with ninety-four (94) in opposition and four (4) in support; and WHEREAS, after hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission by a vote of 3:2, voted to recommend denial of the project. Since the entitlements require final action by the City Council, the actions were forwarded to the City Council; and WHEREAS, on November 8, 2019, the City gave public notice of a City Council public hearing for consideration of Development Agreement No. 2018-01 by advertising in the Orange County Register, a newspaper of general circulation, and by mailing to owners of property and residents within 500 feet of the Project; and Ordinance NS-2979 Page 3 of 10 #191680 11 A-8 WHEREAS, on November 19, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and Environmental Impact Report for the Project, at which hearing members of the public were afforded an opportunity to comment upon Development Agreement No. 2018-01; and WHEREAS, entering into this Development Agreement would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the owner of 2525 North Main Street to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process; and WHEREAS, the Project and the use that the Developer proposes in connection with the Property have been extensively reviewed and considered by the City, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this Development Agreement have been found to be fair, just and reasonable, and the City has concluded that the pursuit of the Project will serve the interests of the City; and WHEREAS, the City Council has determined that by entering into the Development Agreement: (i) the City will promote orderly growth and quality development on the Property in accordance with the goals and policies set forth in the General Plan; and, (ii) significant benefits will be created for City residents and the public generally from increased employment, housing, the installation of security fencing under the Broadway overpass and 1-5 freeway overpass for neighborhood safety, and, parks and/or park improvements; and WHEREAS, Environmental Impact Report No. 2018-01 (State Clearinghouse No. 2018021031) for the proposed Project was circulated between August 7, 2018 and October 4, 2018; and WHEREAS, the Environmental Impact Report analyzed the impacts related to the proposed amendment to the zoning map and adoption of Specific Development No. 93; and WHEREAS, the City and Developer have reached mutual agreement and desire to voluntarily enter into the Development Agreement to facilitate development of the Project subject to the conditions and requirements set forth therein; and WHEREAS, the terms and conditions of the Development Agreement have undergone review by the City Council at a publicly noticed hearing and have been found to be fair, just, and reasonable, and consistent with the General Plan; and Ordinance NS-2979 Page 4 of 10 #19168v1 11 A-9 WHEREAS, the proposed Project will not adversely affect the General Plan, as amended by General Plan Amendment No. 2018-06, as is expressly set forth in the Request for City Council Action dated November 19, 2019 and Request for Planning Commission Action dated October 28, 2019, together with all supporting documents, including but not limited to, proposed resolutions, which are incorporated herein by this reference. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 2. CEQA. The requirements of the California Environmental Quality Act have been satisfied in that a Final Environmental Impact Report and Mitigation Monitoring and Reporting Program have been prepared for the Project, including the Development Agreement. Section 3. GENERAL PLAN CONSISTENCY. Pursuant to California Government Code section 65867.5(b) and based on the entire record before the City Council, including all written and oral evidence presented to the City Council, the City Council hereby finds that the Development Agreement is compatible with the objectives, policies, and general plan land use programs specified in the General Plan for the City of Santa Ana in that: A. The City of Santa Ana has officially adopted a General Plan. B. The land uses authorized by the General Plan Amendment, and the General Plan Amendment itself, are compatible with the objectives, policies, general land uses, and programs specified in the General Plan, for the following reasons: i. The existing General Plan land use designation for the project is Professional and Administrative Office (PAO), which allows business and professional offices uses with a floor area ratio of 1.5. In order to facilitate the construction of a multi -family housing project with a maximum floor area ratio of 1.43, the general plan land use designation is proposed to be changed to District Center (DC), which permits high intensity, mixed -use urban villages and pedestrian -oriented experiences that support mid- to high-rise office centers, commercial activity, and cultural activities with floor area ratios ranging from 0.5 to 5.0. Focusing growth within District Centers and along major corridors reduces the pressure for growth in low density residential neighborhoods. ii. The proposed Project will support several goals/objectives and policies of the General Plan. Housing Element (HE) Goal 2: to create diversity of quality housing, affordability levels, and living experiences that accommodate Santa Ana's residents and workforce of all household types, income levels, Ordinance NS-2979 Page 5 of 10 #19168v1 11A-10 and age groups to foster an inclusive community. HE Policy 2.2 District Centers. Create high intensity, mixed -use urban villages and pedestrian -oriented experiences that support the mid- to high-rise office centers, commercial activity, and cultural activities in the varied District Centers. HE Policy 2.4 to facilitate diverse types, prices and sizes of housing. Housing Element (HE) Goal 4: to provide adequate rental and ownership housing opportunities and supportive services. The Project will provide 256 rental housing units. The amendment will expand the District Center designation and provide a connection between the existing District Centers to the north and south of the site by providing a residential development that will support a mixed -use environment. Land Use (LU) Element Goal 1: to promote a balance of land uses to address basic community needs. LU Policy 1.2 Maintain and foster a variety of residential land uses in the City. LU Policy 4.3 Support land uses which provide community and regional economic and service benefits. LU Policy 4.4 Encourage the development of projects which promote the City's image as a regional activity center. LU Policy 5.5 Encourage development which is compatible with, and supportive of surrounding land uses. LU Policy 5.7 Anticipate that the intensity of new development will not exceed available infrastructure capacity. Land Use (LU) Element Goal 6: to reduce residential overcrowding to promote public health and safety. The Project is within '/2 mile of existing transportation infrastructure such as the Santa Ana (1-5) freeway and State Route 22 (SR 22) highway which provide vehicular access to the region; the Orange County Transportation Agency bus routes along Main Street which connects to the Santa Ana Regional Transportation Center and the Anaheim Regional Intermodal Center which provides rail service throughout California; and the project is immediately adjacent to Santiago Park and the Santiago Creek Bike Trail which connects to regional bike trails. Main Street, a major urban corridor with cultural, educational, employment and retail destinations such as the Bowers Museum, Discovery Science Center, Main Place Mall and in the City of Orange; the Children's Hospital of Orange County and St. Joseph's Hospital of Orange County. Therefore, the residential development Ordinance NS-2979 Page 6 of 10 #191680 11A-11 and parking lot would be within close proximity to major employment centers and retail establishments. The Project will also provide an additional housing option for those seeking housing within the jobs rich northern area of the City. The multi -storied development will complement the nearby mid -rise office buildings located along Main Street to the north and west of the site. Although the density will be higher than the adjacent single-family residential neighborhood, the residential use is consistent with the residential uses to the east and south. In addition, multi -family uses are often used in planning and zoning practice to buffer higher intensity uses like commercial or industrial uses from single-family residential uses. Urban Design (UD) Element, Goal 1: to improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. UD Policy 1.1. New development and redevelopment must have the highest quality design, materials, finishes and construction. UD Policy 1.11 Visual and physical links between districts, nodes, and significant sites, landmarks and other points of interest, are to be provided in all public and private projects. The residential buildings are of high quality design and include high quality materials such as stone veneer, brick veneers, metal panels, and canopies. The building is designed with courtyards and landscaped areas to reduce the mass of the building. The Project has street frontage on Main Street which is identified as a major path in the General Plan and supports the North Main Street Node described as an opportunity for the establishment of a cohesive, height intensity, mixed activity center with a strong presence in the region. The setback along the east side of the project has been increased to 90 feet and the setback from Edgewood Road has been increased to 134 feet to minimize impacts to the neighboring single-family residences. The new development will include public art and convey a sense of place and contribute to the urban image for the City along a street corridor that includes regional, local and cultural landmarks. The development will be in scale with the buildings along Main Street to the north and west of the site. In addition, the Urban Design Element of the General Plan identifies the site as a Gateway; the Project promotes elements of a Gateway by developing the site with a building with attractive architectural features, projecting a positive image for the City of Santa Ana. C. The proposed Development Agreement will not adversely affect the public health, safety, and welfare in that the Development Agreement will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. Ordinance NS-2979 Page 7 of 10 #19168v1 11A-12 Section 4. The Development Agreement, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, is hereby recommended for City Council approval. Section 5. The Development Agreement shall not be effective unless and until Resolution No. 2019-_ (Environmental Impact Report No. 2018-01), Resolution No. 2019- ___(General Plan Amendment No. 2018-06) and Ordinance No. NS-2980 (Amendment Application No. 2018-10) are adopted and become effective. If said resolution and Development Agreement are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then the Development Agreement shall be null and void and have no further force and effect. Section 6. INDEMNIFICATION. The Developer shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Developer shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Developer of any Action brought and City shall cooperate with Developer in the defense of the Action. Section 7. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Ordinance NS-2979 Page 8 of 10 #191680 11A-13 Section 8 . CITY COUNCIL ACTION. The City Council hereby takes the following action: 1. The City Council approves Development Agreement No. 2018-01, attached hereto and incorporated herein as Exhibit A, as follows: A. The Development Agreement shall not take effect unless and until Environmental Impact Report No. 2018-01 is certified by the City Council, and General Plan Amendment No. 2018-06 and Amendment Application No. 2018-10 are each approved by the City Council. Section 9. EXECUTION OF ORDINANCE. The Mayor shall sign this Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof. ADOPTED this APPROVED AS TO FORM: Sonia R. Carvalho City Attorney B Lisa Storck Assistant City Attorney AYES: day of Councilmembers NOES: Councilmembers ABSTAIN: NOT PRESENT Councilmembers Councilmembers 411W61 Miguel A. Pulido Mayor Ordinance NS-2979 Page 9 of 10 #191680 11A-14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2979 to be the original ordinance adopted by the City Council of the City of Santa Ana on 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance NS-2979 Page 10 of 10 #19168v1 11A-15 EXHIBIT A RECORDED AT REQUEST OF ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana 20 Civic Center Plaza (M-30) ) Santa Ana, CA 92702 Attention: Clerk of the Council ) Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO.201S-01 THE ADDISON PROJECT AT 2525 N. MAIN STREET, SANTA ANA A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and AC 2525 MAIN, A DELAWARE LIMITED LIABILITY COMPANY 5 5394.00002\31 553 187.13 11 A-1 V DEVELOPMENT AGREEMENT NO. 2018-01 This Development Agreement (hereinafter "Agreement") is entered into as of this 171 day of December, 2019 by and between the City of Santa Ana, California (hereinafter "CITY"), and AC 2525 Main, a Delaware limited liability company (hereinafter "OWNER"). RECITALS: WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et sue. of the Government Code; and WHEREAS, this Agreement constitutes a current exercise of CITY'S police powers to provide predictability to OWNER in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of development consistent with the Development Plan in exchange for OWNER'S commitment to provide significant public benefits to CITY as set forth in Section 4, below. WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, the best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the City Council hereby finds and determines that this Agreement is of major significance because it will enable the CITY to fund much needed capital improvements and provide much needed public services and will therefore also have a major, beneficial economic impact on the CITY; and WHEREAS, the provision by OWNER of the public benefits allows the CITY to realize significant economic, recreational, park, open space, educational, social and public facilities benefits. The public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. WHEREAS, the physical effects, if any, of the Project and this Agreement have been analyzed pursuant to California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled "Magnolia at the Park Multi -Family Residential Project" (State Clearinghouse House No. 2018021031 and City of Santa Ana DP No. 2017.34); and WHEREAS, this Agreement and the Project are consistent with the Santa Ana General Plan and any specific plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which 55394.00002\31 553 187.13 #21124v3 11 A-17 development agreements under Section 65864, et seq.. of the Government Code are intended. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement' means this Development Agreement. 1.1.2 "CITY" means the City of Santa Ana, a charter city and California municipal corporation. 1.1.3 "City Council" means the duly elected city council of the City of Santa Ana. 1.1.4 "Commencement Date" means the date the Term of this Agreement commences 1.1.5 "Development' means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.6 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or development approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.7 "Development Impact Fee" a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include park "in lieu" fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4. 1.1.8 "Development Plan" means the plan for development of the Property as set forth in Exhibit "C". 55394.00002\31553187.13 #21124v3 11 A-18 1.1.9 "Discretionary Action(s)" or "Discretionary Approval(s)" means an action which requires the exercise of judgment, deliberation or discretion on the part of the City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity which is defined herein as a Ministerial Permit or Ministerial Approval. 1.1.10 "Effective Date" means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.11 "Existing Land Use Regulations" means all ordinances, laws, resolutions, codes, rules, regulations, policies, requirements, guidelines or other actions of City, including but not limited to the provisions set forth in the City's General Plan, Municipal Code which affect, govern or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications apphcable to the Development of the Property, subject to the terms of this Agreement, whether adopted by the City Council or the voters in an initiative, which are in effect on the Effective Date, pursuant to California Government Code Section 65866. 1.1.12 "Existing Project Approvals" means all Project Approvals approved or issued on or before the Effective Date. 1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.14 Reserved. 5 53 94.00002\3 1553 187.13 #21124v3 11A-19 1.1.15 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.16 "Ministerial Approvals(s)," or "Ministerial Act(s)" means any approval or act that is not a Discretionary Approval. 1.1.17 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.18 "Project" means the development of the Property located at 2525 Main Street, Santa Ana, CA, contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.19 "Project Approvals" means all site -specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans, maps, pemuts, and entitlements to use of every kind and nature that are sought or agreed to in writing by OWNER in its sole and absolute discretion to Develop the Project and that have been approved by the City. Project Approvals include, but are not limited to, general plan amendments, site plans, tentative and final subdivision maps, design guidelines, variances, zoning designations, conditional use permits, grading, building, and other similar permits, the site - specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. 1.1.20 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement. 1.1.21 "Public Benefit" refers to those benefits provided to the CITY and the community by OWNER pursuant to Section 4 below. 1.1.22 "Reservation of Rights" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.3 of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property Exhibit `B" — Map showing Property and its location Exhibit "C" — Development Plan Exhibit "D" — Development Impact Fees Exhibit "E" - Reserved Exhibit "F" — Santiago Park Access Rights 55394.00002\31553187.13 #21124v3 11 A-20 Exhibit "G" — Santiago Park Improvements Exhibit "11" — Park Santiago Patrol Area Map Exhibit "I" — Conditions of Discretionary Approvals Exhibit " T' — Safety Fencing 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan and this Agreement. 2.2 Ownershipof Property. OWNER represents and covenants that it is the owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof. 2.3 City Council Findings. The City Council fords that: 2.3.1 This Agreement is consistent with the CITY'S General Plan. 2.3.2 This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, enhances effective utilization of resources within the City. 2.3.3 This Agreement provides public benefits beyond those which are necessary to mitigate the development of the Project. 2.3.4 This Agreement strengthens the public planning process, encourages private participation in comprehensive planning and reduces costs of development and government. 2.3.5 The best interests of the citizens of the CITY and the public health, safety, and welfare will be served by entering into this Agreement. 2.4 Term. The term of this Agreement shall commence on the date (the "Commencement Date") that is the Effective Date, and shall continue for a period of four (4) years thereafter, unless this term is modified or extended pursuant to the provisions of this Agreement. Thereafter, the OWNER shall have no vested right under this Agreement, regardless of whether or not OWNER has paid any Development Impact Fee. 2.4.1 The Term of this Agreement may be extended upon the mutual written agreement of the CITY'S City Manager and the OWNER for no more than two (2) additional consecutive one (1) year periods ("Extension Term"). Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Development Agreement Period exceed 2160 consecutive calendar days from the Effective Date. Prior to the CITY granting each Extension Term: 55394.00002\31553187.13 #21124v3 11 A-21 (a) OWNER shall demonstrate to the City Manager's reasonable satisfaction that OWNER has and will continue to diligently pursue the development of the Project; (b) OWNER shall pay to the CITY Fifty Thousand Dollars ($50,000) to partially compensate the CITY for the significant lost revenue to be received by the CITY had the Project been completed. 2.4.2 If any party other than OWNER initiates litigation that challenges the Project or the Existing Project Approvals, the OWNER will have the right to toll commencement of the Term and any obligations of OWNER under the Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from OWNER invoking this right to tolling. The tolling shall terminate when (1) a final order is issued in said litigation that upholds the Project and the Existing Project Approvals or (2) the litigation is dismissed with prejudice by all Parties; whichever occurs first. 2.5 Assignment. 2.5.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property to which such rights or interests apply. Any sale, transfer or assignment shall require the consent of the CITY which shall not be unreasonably withheld, conditioned, or delayed. (b) Concurrent with any such sale, transfer or assignment, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement ("Assignment and Assumption Agreement"), in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties, obligations, agreements, covenants, waivers of OWNER under this Agreement, including, without limitation, the covenants not to sue and waivers contained in Sections 7.2 and 8.4 hereof. (c) OWNER shall provide CITY with such information reasonably requested by CITY that demonstrates such transferee or assignee has sufficient development experience and financial capability to complete the Project and perform all obligations assumed. (d) Any sale, transfer or assignment not made in strict compliance with the 55394.00002\3 1553 187.13 #21124v3 11 A-22 foregoing conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.5.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. (e) The Executive Director for the Planning and Building Agency shall have the administrative authority to determine that OWNER has complied with the above conditions. Such determination shall not be unreasonably withheld or delayed. 2.5.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement with respect to the transferred Property or any transferred portion thereof, unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions: (a) OWNER no longer has a legal or equitable interest in all or any part of the Property subject to the transfer. (b) OWNER is not then in default under this Agreement. (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.5.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.5.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.5.4 Utilities. The Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project, prior to the issuance of final approval for occupancy or the certificate of occupancy for any portion of the Project. 2.5.5 Sale to Public and Completion of Construction. The provisions of Subsection 2.5.1 shall not apply to the sale or lease (for a period longer than one year) of any lot that has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. This Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") 55394.00002\31553187,13 #21124v3 11 A-23 sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and (b) City final approval for occupancy or the certificate of occupancy has been issued for a building on the lot, and the fees for such lot set forth in this Agreement have been paid. 2.6 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. 2.7 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated Term of this Agreement as set forth in Section 2.4. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (1) Within five (5) days of receipt of a referendum petition by the CITY, OWNER shall deposit Fifty Thousand Dollars ($50,000) ("Referendum Deposit") with the CITY. CITY may use the funds to pay any and all costs associated with said referendum measure. If at any time the Referendum Deposit account has Five Thousand Dollars ($5000) or less remaining, OWNER shall, within three (3) days of receiving notice from the CITY, deposit with the CITY additional funds as requested by the CITY to cover all costs and expenses associated with processing the referendum and holding the related election. Following certification of the election results, any funds remaining in the Referendum Deposit account shall be returned to the OWNER. (d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits, final approval for occupancy by the CITY, and acceptance by CITY or applicable public agency of all required dedications. (e) Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the expiration of the Term of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. OWNER agrees that notwithstanding the termination of this Agreement by its term or default, those provisions which by their language or 5 5394.00002\3 1553 18 7.13 #21124v3 11 A-24 intent, including but not limited to, the release and indemnity provisions, as set forth in Sections 7.2 and 8 shall survive termination of this Agreement. 2.8 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City Clerk 20 Civic Center Plaza, 81 Floor PO Box 1988, M-30 Santa Ana, Ca 92702 Copy to City Manager City Attorney Executive Director of Planning and Building Agency If to OWNER: AC 2525 MAIN, LLC 240 Newport Center Drive, Suite 200 Newport Beach, CA. 92660 Attn: Manager Telephone: [310-343-1831] (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservation of Rights, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement. Except as expressly provided otherwise herein, the Project 553 94.00002\31 553 187.13 #21124v3 11 A-25 shall remain subject to all Existing Land Use Regulations and Development Approvals. Except as otherwise provided in this Agreement, and notwithstanding the authority of the CITY to further revise the Land Use Regulations pursuant to Government Code section 65866, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Land Existing Use Regulations and Development Approvals. OWNER shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservation of Rights, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations and Development Approvals. In connection with any subsequently adopted Project Approvals and except as specifically provided otherwise herein, CITY may exercise its discretion in accordance with the Land Use Regulations then in effect, as provided by this Agreement, including, but not limited to, the Reservation of Rights. CITY shall accept for processing, review and action all applications for subsequent Project Approvals, and such applications shall be processed in the same manner and the CITY shall exercise its discretion, when required or authorized to do so, to the same extent it would otherwise be entitled in the absence of this Agreement. 3.3 Reservation of Rights 3.3.1 Limitations Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following regulations shall apply to the development of the Property: (a) Processing fees and charges of every kind and nature imposed by CITY to cover the actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including, without limitation, all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY, including, without limitation, the CITY s Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations imposing Development Exactions; provided, however, that no such Development Exaction adopted after the Effective Date shall apply to development of the Property under this Agreement unless agreed to by OWNER. In the event any such subsequently adopted Development 553 94.00002\31553 187.13 #21124v3 11 A-26 Exaction, agreed to by OWNER, fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations that may be in material conflict with this Agreement but that are reasonably necessary to protect the residents of the project or the immediate community from a condition perilous to their health or safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations that are not in material conflict with this Agreement or the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations that are in material conflict with the Development Plan; provided OWNER has given written consent to the application of such regulations to development of that Property in which the OWNER has a legal or equitable interest. (h) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users, including, without limitation, trash can placement, service charges and limitations on vehicle parking. (i) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by CITY. 3.3.2 Subsequent Project Approval . This Agreement shall not prevent CITY, in acting on subsequent Project Approvals and to the same extent it would otherwise be authorized to do so absent this Agreement, from applying subsequently adopted or amended Land Use Regulations that do not materially conflict with this Agreement. 3.3.3 Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its 55394.00002\31553187.13 #21124v3 11 A-27 police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be or is not by this Agreement's express terms so restricted. 3.4 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of CITY may possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.5 Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later -adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the specific intent of the Parties to provide for the timing of the Project in this Agreement. To do so, the Parties acknowledge and provide that OWNER shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub -phases as OWNER deems appropriate in its sole subjective business judgment 3.6 Conditions, Covenants and Restrictions 3.6.1 OWNER shall have the ability to reserve and record such covenants, conditions, and restrictions (CC&Rs) against the Property as OWNER deems appropriate, in its sole and absolute discretion. Such CC&Rs may not conflict with this Agreement or the General Plan. Before recording any CC&Rs, OWNER shall provide a copy of the CC&Rs to the CITY for review and approval by the City Attorney, whose approval shall not be unreasonably withheld. 3.6.2 The City Attorney's review shall be limited to determining if the CC&Rs substantially comply with this Agreement and Project's conditions of approval as approved by the City Council and that the CC&Rs incorporate and reference the following information regarding the approved development: (a) The Parking Management Plan (b) The Overcrowding Mitigation Implementation Plan (c) The Property Maintenance Agreement (d) The Project Conditions of Approval 3.6.3 Within thirty (30) days after receiving a copy of the proposed CC&Rs from OWNER, the City Attorney shall provide OWNER with either (i) a statement that the CC&Rs comply with this Agreement ("CC&R Approval") or (ii) written comments identifying each aspect of the CC&Rs which the City Attorney believes not to be in compliance with this Agreement (a "Statement of Non -Compliance"). If the City Attorney fails to provide OWNER with either CC&R Approval or a Statement of Non -Compliance within thirty (30) days following a written request by OWNER, City shall be deemed to have denied the CC&Rs and OWNER may 55394.00002\31553187.13 #21124v3 11 A-28 not record the CC&Rs against the Property. If the City Attorney provides a Statement of Non -Compliance, OWNER shall have thirty (30) days in which to respond to the Statement of Non -Compliance. Upon submittal of OWNER'S response, the procedure described above for the initial submittal and City Attorney review of proposed CC&Rs shall again be followed. This procedure shall be followed until OWNER either (1) receives CC&R Approval, (2) submits the compliance issues to binding arbitration pursuant to the rules of the American Arbitration Association, (3) files an action for declaratory relief in Orange County Superior Court seeking a judicial determination of the compliance of the proposed CC&Rs, or (4) agreement is otherwise reached between the Parties allowing for the recording of the CC&Rs. The CC&Rs shall run with the land and bind OWNER'S successors and assigns. Except as provided above, any dispute between the Parties regarding the CITY'S approval or rejection of the CC&Rs shall be subject to immediate and binding arbitration pursuant to the rules of the American Arbitration Association. 3.7 Moratoria. Except as specifically set forth in this section, CITY agrees that no moratorium or other similar limitation (whether relating to the rate, timing, or sequencing of the development of the Proj ect or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision/tract maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the CITY, after the Effective Date of this Agreement, shall apply to the Project. OWNER acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation (of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.8 Development Agreement/Proiect Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval, the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation, any Project Approval and this Agreement, the provisions of this Agreement shall control. 3.9 LEED Certification. OWNER shall design and construct the building to achieve not less than a Leadership in Energy and Environmental Design ("LEED") Silver Standard equivalent. OWNER shall focus design efforts to ensure the Project meets the environmental needs of the community, as well as, the Project, itself, maintains an eco- friendly design. It is anticipated the Project will include, but is not limited to, drought tolerant landscaping and irrigation systems, solar and EV systems, and reclaimed water. 4. PUBLIC BENEFITS. 4.1 Intent. The Parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. 4.2 Public Benefits. OWNER has committed by this Agreement to contribute to the acquisition, construction and maintenance of certain "Public Benefits" as provided below: 553 94.00002\31553 18 7.13 #21124v3 11 A-29 4.2.1 CITY Facilities. OWNER shall provide the following benefits towards the acquisition, construction and maintenance of the CITY Facilities, as follows: (a) Public Art. OWNER shall create, install, and maintain a public art project with a value equivalent to one-half of one percent (0.5%) of the total construction cost of the Project. Total construction cost shall mean all design, engineering and construction costs. OWNER shall prepare and submit to the CITY, no later than one hundred eighty (180) days before final approval for occupancy or the issuance of a certificate of occupancy, a public art plan that is consistent with Chapter 15 of the Citywide Design Guidelines, Public Art Guidelines. The approved art shall be installed prior to final approval for occupancy or the issuance of a Certificate of Occupancy for the Project. (b) Santiago Park Improvement Construction. OWNER shall, prior to issuance of the first building permit, pay to CITY $700,000.00 to construct the Santiago Park Phase 11 Park Improvements ("Park Improvements"). The Park Improvements shall include, but are not limited to design, engineering, permitting, construction, and installation of irrigation, landscaping, security lighting and bike trail enhancement, as described in more detail on Exhibit "G". (c) Park Santiago Neighborhood Benefits. OWNER shall provide the following, which shall also be included in the Property Maintenance Agreement which must be recorded against the Property. The execution and recordation of the Property Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit. (1) Limited access to onsite amenities in a manner to be determined by OWNER as reasonably acceptable to Planning and Building Agency Executive Director. (2) Security patrol in the residential neighborhood and Santiago Park a. Patrol area: Project, Park Santiago and Park Santiago area as depicted on attached Exhibit "IT' b. Type of patrol: Periodic roving security twenty-four (24) hours a day, seven days per week. C. Term: 55 years subject to annual review during which review it may be determined that such term shall end earlier. (3) This section and these benefits shall survive expiration of the Term of this Agreement. (d) Park Santiago Public Improvements and Traffic Calming. Subject to the approval by the Executive Director of Public Works Agency and the 55394.00002\31553187.13 #21124v3 11 A-30 Executive Director of Planning and Building Agency and meeting CITY design specifications and standards, OWNER shall pay for the design and construction of the public improvements identified below prior to final approval for occupancy or the issuance of a Certificate of Occupancy. CITY shall be solely responsible for all aspects of the public improvements including, but not limited to, the analysis, design, engineering, construction and inspection/administration of: (1) Santiago Park neighborhood improvements at up to three locations on Edgewood and/or Bush Street to achieve traffic calming. Improvements may be based on input from the Santiago Park Neighborhood Association and may include, but not be limited to, bulb -outs, traffic circles and medians within the neighborhood streets. (2) Street lighting enhancements by replacing all existing non -LED lights and/or fixtures with LED lights and/or fixtures throughout the Santiago Park Neighborhood. (3) A street light at the Santiago Park Drive / Main Street intersection. (4) Decorative concrete pavement within the intersection of Main Street/Walkie Way and Main Street/Santiago Park Drive. 4.2.2 Safety Fencing. At the time of issuance of the first building permit, OWNER shall pay the CITY $150,000.00 to reimburse the CITY for the installation and maintenance of security fencing under the I-5 freeway and Broadway overpass for neighborhood safety (see Exhibit "J" - Safety Fencing). 4.2.3 Graffiti Removal. OWNER shall install and maintain graffiti protection on all new surfaces and shall, within 24 hours of receiving notice of graffiti, cause it to be removed and associated restorations completed throughout the Project. 4.3 Development Impact Fees. 4.3.1 Amount of Fee. The Development Impact Fees set forth in Exhibit "D" shall be charged to the Project. These fee amounts are estimated and will be subject to change based on the fee rate applicable at the time of issuance of the Building Permit. 4.3.2 Time of Payment. The fees required pursuant to Subsection 4.3.1 shall be paid to CITY prior to the issuance of the first building permit for the Development. 4.3.3 Reserved. 4.3.4 Future Development Impact Fee Program Changes. The Parties hereby agree that, in addition to the Development Impact Fees included in Exhibit "D", the Project shall be subject to any increase in fees, or amendment or alteration, of Development Impact Fee programs in effect on the Effective Date. 55394.0000M 1553187.13 #21124v3 11 A-31 4.3.5 Prepayment. In no event shall the prepayment of any Development Impact Fees required hereunder establish a vested right on the part of OWNER or any other owner of the Property or any person or entity with an interest therein to develop the Project or the Property following the expiration, cancellation or termination of the Term of this Agreement. Following the expiration, cancellation or termination of this Agreement, all Development Impact Fees then in effect shall be applicable to the Project and Property notwithstanding any provision of this Agreement and notwithstanding the prepayment of the Development Impact Fees set forth in Exhibit "D", any increase or amendment of any Development Impact Fee, or any combination thereof. 4.4 Dedication of On -Site Easements and Rights of Way. OWNER shall dedicate to CITY all on -site rights of way and easements deemed necessary for public improvements as indicated on the approved Development Plan for the Project within 15 days of receipt of written demand from CITY. 4.5 Timing of Construction of Off -Site Infrastructure. Approval of any issuance of final approval for occupancy on the Property shall be conditioned upon CITY's deterrnination, in its sole discretion, that sufficient progress is being made on construction of off -site infrastructure serving development of OWNER's Property. 4.6 Santiago Park Access. OWNER shall grant the CITY a public use, access, ingress, and egress easement in perpetuity on and within the Development to provide public access to Santiago Park. The scope, location, and all aspects of the easement shall meet the requirements reasonably set forth by the City as determined by the Executive Directors of the Parks, Recreation and Community Services, Public Works, and the Planning and Building Agency and consistent with the conceptual design as described/depicted on Exhibit "F". 4.6.1 OWNER shall be responsible for the ongoing maintenance of the easement area. The easement area shall be maintained consistent with CITY standards and to CITY'S reasonable satisfaction at all times. 4.6.2 Reserved. 4.6.3 Reserved. 4.7 Housing Opportunity Ordinance. Project shall comply with the requirements of the Housing Opportunity Ordinance (the "HOO") in effect on the Effective Date. 4.8 Overcrowding Mitigation Implementation Plan. Based on U.S. Census figures, the City of Santa Ana has one of the highest average number of people per household in the nation at 4.34 people per household. OWNER commits to limit occupancy of the residential units within the project site to levels in compliance with local, state and federal fair housing standards. Prior to applying to the CITY for occupancy permit, the OWNER shall submit to the CITY an Overcrowding Mitigating Implementation Plan. Prior to changing or revising the implementation plan, Owner shall provide a 60-day minimum written notice to the City Community Development Agency and the Planning and Building Agency informing of any proposed changes or revisions. 4.9 Local Live -Work Preference. Prior to issuance of any Building Permits, OWNER shall 55394.00002\31553187.13 #21124v3 11 A-32 develop and submit to the City Manager or his/her designee, a local live -work plan for the Project targeting, to the extent feasible and consistent with state and federal fair housing laws, a preference or priority for persons who currently either live or work in the City of Santa Ana for the rental of units at the Project. 4.10 Local Sourcing Plan. OWNER agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. Prior to issuance of any Building Permits, OWNER shall develop and submit to the Planning and Building Agency (the "PBA") a local sourcing plan for the Project targeting, to the extent feasible, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan must be reviewed in a timely manner and approved by the PBA and be implemented for the construction of the project prior to issuance of any Building Permits. Such approval shall not be unreasonably withheld. 5. FINANCING & MAINTENANCE OF PUBLIC IMPROVEMENTS AND SERVICES OWNER may propose, and if requested by CITY shall cooperate in, the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan by providing up to $50,000 toward the costs of CITY in preparing a study to determine the need for any such district or alternate financing mechanism. To the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. If such a district or other financing entity is proposed OWNER agrees not to oppose such formation. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or other financing entity or to issue and sell bonds. In addition, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring OWNER to vote in support of or annex to such district or other financing entity. It shall be the sole right of OWNER to determine whether to be in or out of any such district or other financing entity. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The CITY shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager, within thirty (30) days after written notice from the City Manager. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager, or his or her designee, shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden 55394.00002\31553197.13 #21124v3 11 A-33 of proof on this issue shall be on OWNER, at OWNER's sole expense. (b) Upon completion of a periodic review or a special review, the City Manager, or his or her designee, shall submit a report to the Planning Commission setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the Planning Commission finds and determines on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the Planning Commission finds and determines on the basis of substantial evidence that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Comrission shall provide written notice to OWNER of such findings setting forth the nature of the problem and the actions, if any, required by OWNER to cure such problem and, where the problem can be cured, OWNER has failed to take such actions and cure such problem within thirty (30) days after the effective date of such notice or, in the event that such problem cannot be cured within such thirty (30) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such problem within such thirty (30) day period and to diligently proceed to complete such actions and cure such problem. If OWNER fails to take the necessary actions, the Commission may recommend to the City Council modification or termination of this Agreement. OWNER may appeal a Planning Commission determination pursuant to this Section 6.3(d) pursuant to CITY's rules for consideration of appeals in zoning matters then in effect. Notice of default as provided under Section 7.3 of this Agreement shall be given to OWNER prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4 Proceedings Upon Modification or Tennination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, (c) Such other information that the CITY considers necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Temrination. At the time and place set for the hearing on modification or temunation, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final. 55394.00002\3 1553187.13 #21124v3 11 A-34 6.6 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council that: (1) this Agreement remains in effect; and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. 6.6.1 Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the City Manager or City Council. 6.7 Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals, and in no event shall such conditions be affected by the termination, cancellation, rescission, revocation, or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). The Conditions of Approval are incorporated herein by reference and attached as Exhibit "I". DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: (a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or (c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Release. Except for non -monetary remedies, OWNER, for itself, its successors and assignees, hereby releases CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments to the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon CITY because it 55394.00002\31553187.13 4211240 11 A-35 entered into this Agreement or because of the terms of this Agreement. OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE MATTERS THAT ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. OWNER'S Initials 7.3 Termination or Modification of Agreement for Default of OWNER. CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 7.4 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 8. LITIGATION. 8.1 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement, or the approval of any permit or entitlement granted pursuant to this Agreement. CITY shall promptly notify OWNER of any claim, action, proceeding or determination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly 55394.00002\31553187.13 #211240 11 A-36 notify OWNER of any such claim, action, proceeding or determination, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action, proceeding or determination. 8.2 Environmental Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. 8.3 Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, CITY reserves, the right to either (1) approve the attomey(s) that the indemnifying party selects, hires or otherwise engages to defend the indemnified party hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense; provided, however, that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.4 Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, OWNER, on behalf of itself and its successors in interest, hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes, without limitation, the covenant against any direct suit by OWNER or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to CITY by OWNER or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. OWNER hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. OWNER hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 55394.00002\31553187.13 #211240 11 A-37 BY INITIALING BELOW, OWNER HEREBY WAIVES THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE MATTERS THAT ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES. OWNER'S Initials 8.5 Survival. The provisions of Sections 8.1 through 8.4, inclusive, shall survive the termination of this Agreement. MORTGAGEE PROTECTION. The Parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 55394.00002\31553187.13 4211240 11 A-38 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council within ten (10) days after the CITY enters into the Agreement, in accordance with Section 65868.5 of the Government Code. If the Parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the CITY terminates or modifies this Agreement as provided herein for failure of the OWNER to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall have notice of such action recorded with the Orange County Recorder. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severabilitv. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California, with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural 10.7 Joint and Several Obligations. If at any time during the Term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot that has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as expressly provided for herein. 55394.00002\3 1553 187.13 #21124v3 11 A-39 10.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor; (3) inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or natural gas; (8) action or non -action of public utilities or of local, state or federal governments, affecting the work, including, but not limited to, any delays in the permitting process as a result of the action or inaction or such governmental authorities; (9) criminal acts or acts of terrorism; or (10) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party's reasonable control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, , provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 55394.00002\31553187.13 #21124v3 11 A-40 10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10.17 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the City Manager, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. 10.20 Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party's knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty (30) days of receipt of the written request therefor. 10.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. 55394.00002\31553187.13 #21124v3 11 A-41 W WlTNESS WHEREOF, this Development Agreement has been executed by the CITY of Santa Ana and by OWNER. Dated this ATTEST: day of Daisy Gomez, Clerk of the Council APPROVED AS TO FORM: Sonia Carvalho, City Attorney Lisa Storck, Assistant City Attorney 2019. THE CITY OF SANTA ANA Kristine Ridge, City Manager AC 2525 MAIN, LLC a Delaware limited liability company By: Chris Lee Signature: 55394.00002\3155318713 #21124v3 11 A-42 EXHIBIT "A" (Legal Description of the Property) 553 94.00002\31553 187.13 #211240 11 A-43 EXHIBIT "B" (Map of the Property) 55394.00002\31553187.13 11 A-44 EXHIBIT "C" Development Plans Development Plans and entitlement applications as presented in the City Staff Report Dated December 17, 2019 are incorporated herein by reference. Project entitlements and applications include, but may not be limited to the following entitlements: 1. Development Agreement No. 2018-01 2. General Plan Amendment No. 2018-06 3. Amendment Application No. 2018-10 4. Specific Development No. 93 5. Final Environmental Impact Report No. 2018-01 5 53 94.00002\3 1553 187.13 11 A-45 E2=IT "D" Development Impact Fees (Estimated) The estimated amount of Development Impact Fees associated with the project based upon the site plan documentation submitted as part of the Project Approvals include but are not limited to the following fees and deposits; applicable sewer fee, street fee, storm drain fee, traffic fee, deposits, and all applicable fees associated with demolition of existing structures, drainage, site development, and construction are based on actual square footage of any commercial development and number of residential units. Based on 256 Residential Units, the Development Impact Fees are estimated at: Fee Estimated Total Sewer $199,344 Capital Facilities Capacity Charges (Orange County Sanitation District Charges) $607,279 Storm Drain $55,776 Traffic $305,009 Parks & Recreation $974,250 Fire Facilities Fee $252,326 Santa Ana Unified School Fees $1,050,895 Estimated Total $3,444,878 55394.00002\3 1553 18T 13 11 A-46 EXHIBIT "E" - Reserved #21124v3 11 A-47 I I r EXHIBIT "F" Santiago Park Access Rights (Conceptual) r � m r1t a r 4 t r 11 A-48 k1141t -- ILI __re_ , I F EXHIBIT "G" Park Design and Improvements (Conceptual) D i IN I rJ3 0c4d a SANTIAGO CREEK TRAILACCESS CITY OF SANTA ANA #21124v3 11 A-49 EXHIBrT H Park Santiago Security Patrol Area Map (Conceptual) a I I #211240 11 A-50 EXHIBIT I Conditions of Discretionary Approvals 2525 N. Main - Project Approval Conditions: The project is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the conditions of approval articulated in the sections below. The Applicant or Owner, or Owner's successor(s) or assignee(s) (collectively, "Applicant") with the City's consent, which shall not be unreasonably withheld, must comply with each and every condition listed below The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may also result in breach of the Development Agreement. GENERAL CONDITIONS Project Description and Entitlements: Approval of this application is to build (Insert Final Approved Project Description and specific entitlements) with such additions, revisions, changes or modifications as required by the Planning Commission as articulated in Planning Commission Resolution No. XXXX, dated XXXX. Subsequent submittals for this project shall be consistent with the Planning Commission's approval and in compliance with the applicable land use regulations of the Santa Ana Municipal Code and any applicable State law and the associated plans presented to the Planning Commission on (Insert PC hearing date) and on file with the City. 2. Acknowledgment of Conditions of Approval. The Applicant shall file an Acknowledgment of Conditions of Approval with the Planning and Building Agency within 30 days of final approval of all resolutions. The property Applicant shall be required to record the Acknowledgment of these Conditions of Approval with the Office of the Orange County Recorder and proof of such recordation shall be submitted to the Planning and Building Agency. Enforcement of Conditions. In case of violation of any of the conditions of approval of applicable law, the property owner and tenant will be issued a Notice of Correction pursuant City regulations or pursuant to applicable terms of the Development Agreement, the Property Maintenance Agreement, and the CC&Rs if said violation is not remedied in accordance with the specified period of time and/or subsequent violations of the conditions of approval and/or City law occurs within ninety days of any Notice of Correction, the property owner shall be held responsible to reimburse the City for all Staff time directly attributable to enforcement of the conditions of approval, mitigation measures as stipulated in the various agreements and/or City law including but not limited to, revocation of the herein approvals. 4. Project Plans. Project plans for the development shall be subject to a complete code compliance review with the Planning and Building Agency when the plans are submitted for plan check and shall comply with all applicable City of Santa Ana ordinances, regulations, and policies prior to building permit issuance, including, but not limited to, the requirements established or authorized by Chapter 8 (Building and Structures) and Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. #21124v3 11 A-51 LEGAL 5. Indemnity. The Applicant shall defend, indemnify, and hold harmless the City of Santa Ana, its agents, officers, or employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City, its legislative body, advisory agencies or administrative officers the subject application. The City will promptly notify the Applicant of any such claim, action or proceeding against the City and the Applicant will either undertake defense of the matter and pay the City's associated legal costs, or will advance funds to pay for defense of the matter by the City. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the Applicant's consent, but should it do so, the City shall waive the indemnification herein, except the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 6. Approval Time Period. The approval of the entitlements herein shall be valid for a time period consistent with the Development Agreement. IMPACT FEES 7. Project Development Impact Fees. The following Development Impact Fees shall be charged to the Project. These fee amounts are estimated and will be subject to change based on the fee rate applicable at the time of issuance of the Building Permit. Fee Estimated Total Sewer $199,344 Capital Facilities Capacity Charges (Orange County Sanitation District Charges) $607,279 Storm Drain $55,776 Traffic $305,009 Parks & Recreation $974,250 Fire Facilities Fee $252,326 Santa Ana Unified School Fees $1,050,895 Estimated Total $3,444,878 City Invoices. All invoices the Applicant has received from the City shall be paid to a zero balance prior final approval for occupancy by the City or issuance of a Certificate of Occupancy. PROJECT DESIGN AND OPERATIONS #21124v3 11 A-52 2. The approved project is a multi -family apartment rental project. Any proposal in the future to convert the rental units to condominium ownership, the Owner shall comply with the requirements for a condonriiuum project in accordance with local and state zoning and subdivision requirements. 3. Unit Mix: Number of family units to be a minimum of thirty percent (30%) of the proposed units to contain 2 & 3 bedrooms. 4. Onsite Property Manager. The Project shall include the provision to have 24-hour on -site Property Management services and personnel. Up-to-date 24-hour contact information for the on - site personnel shall be provided to the following City Agencies on an ongoing basis: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 5. Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the "EEP") from City Police and Fire Protection agencies prior to final approval for occupancy or the issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 6. Crime Free Housing Plan. Applicant shall work with City Staff to develop a crime free housing policy, procedure, and design plan (the "CFH Plan") and shall submit and obtain approval from the Planning and Building Agency of the CFH Plan prior to final approval for occupancy or the issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Property Management. The approved CFH Plan shall be implemented, adhered to, and be enforced by the Project at all times. Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to final approval for occupancy or the issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the "PMP") meeting the requirements of this Condition. The approved PMP shall be adhered to and be enforced by the Project at all times. 8. Good Neighbor Policy. The Applicant shall submit for review and approval by the Planning Division a good neighbor policy implementation plan that will provide a process for the neighborhood to report nuisance issues to the property management to help manage and address potential nuisance issues including but not limited to noise, lighting, property maintenance, parking overflow into the street and neighborhood, and landscape maintenance. #21124v3 11 A-53 9. Parking Ratio. Number of spaces and onsite ratio of parking shall be a minimum of two (2) spaces per unit. 10. Privacy along east property line. To ensure maximum privacy screening between the project site and the residential uses along the eastern property, the Applicant is constructing an eight (8) foot tall property line decorative block wall. In addition to this wall, and installation and maintenance of all existing mature trees along the eastern property line, all windows facing the eastern property with a direct line of sight to the adjacent properties bordering the eastern property line shall be design incorporating opaque view obscuring glass. 11. Protect and Preserve Existing Mature Trees along the Eastern Property Line. To ensure maximum privacy screening between the project site and the residential uses along the eastern property, the Applicant shall protect and preserve all existing mature trees along the east property line. 12. Protect and Preserve Existing Mature Trees on the Property not Located Along the East Property Line. To the extent feasible, the Applicant shall protect and preserve all other mature trees on the property. If the perseveration of the existing matures trees in not feasible because of the location of the approved structures on the property, the Applicant shall work with Staff to evaluate the feasibility of relocating the tree(s) to other locations on the property. 13. Edgewood Street Improvements. Only one emergency vehicular access may be permitted along Edgewood Street. No other vehicular access or curb approach openings will be approved on this street for the project. In addition, mature canopy and vertical specimen trees shall be planted along the southern property line between the building and the adjacent sidewalk to integrate the building with the adjacent single-family development across the street. 14. Property Line Wall. The project Applicant shall install an 8-foot tall property line block wall along the entire eastern edge of the Project as part of the site construction and preparation process and prior installation of the foundation. The design of the wall shall be approved by the Planning Manager and shall be decoratively designed to include a mix of decorative materials, colors, and decorative pilasters. 15. Santiago Park Entrance and Interface. If approved by the City Council, the Applicant shall design the Project and residential units to also front onto Santiago Park, Main Street, and Santiago Street entrance. The Project fagade along Santiago Park shall be consistent with and reflect the natural, current state of the Park and include articulation of the building fagade to include open garden areas. The conceptual design is as shown in Attachment 1 to these conditions. The Santiago Park Entrance design shall be subject to the review and approval of the City Planning, Public Works, and Parks and Recreation Directors to ensure compliance with the Agreement. Approval shall not be unreasonably withheld, delayed or conditioned. 16. Green Project Features. Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. The project shall obtain Silver Standard or better LEED equivalent and shall at the minimum, incorporate bike lockers, bike sharing programing, electric vehicle charging stations, rain capturing systems, grey water capturing systems, and to the extent feasible, automobile sharing programing. 17. Landscape Plan. A Landscape Plan (including Irrigation) prepared by a licensed landscape architect shall be submitted to the Planning Division prior to the issuance of building permits. The #21124v3 11 A-54 Irrigation Plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute (G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. The City reserves the right to require subsequent checks, or approval of the landscape plans prior to issuance of a grading permit. 18. Water Conservation. Landscaping shall comply with the City's water conservation ordinances in accordance with SAMC Section and the State mandated Model Water Efficient Landscape Ordinance (MWELO) 2015 update. 19. Installation. Landscaping for the project shall be complete in phases by building and shall be installed and inspected prior to occupancy of units within that building. The developer shall be responsible for maintaining all common area landscaping within the development. 20. Landscape Details. The landscape plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged. The applicant shall construct a landscape planter along the eastern property line. In this eastern planter, a combination of vertical and canopy specimen trees shall be planted with minimum size of 60 inch box. The landscape plan shall provide a cross section showing the planter at time of planting, after five (5) years and at full maturity. The cross section shall demonstrate the landscaping will adequately screen the project from the adjacent residential uses along the eastern portion of the Property. 21. Minimum Tree Box Size. The applicant shall install minimum 36 inch box trees, when planting trees for all required trees along street setbacks, open space areas and shared parking areas. All other tree sizes may be dependent on the location, species and spacing. The final landscaping is subject to the review and approval of the Planning Manager. 22. Maintenance of existing site. The site and the public R.O.W. adjacent to any portions of the site shall be maintained in a condition which is free of debris while the property is vacant and undergoing development and during and after the construction, addition or implementation of the entitlements granted herein. All trash and refuse shall be disposed of in dumpsters and be removed from the premises on an -as needed basis. Any surplus construction materials shall be screened from public view when not actually in use and be removed from the property upon completion of construction activities. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the Applicant or by a permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, and construction areas within the City. 23. On Going Property Maintenance. Subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a Property Maintenance Agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Property #21124v3 11 A-55 Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the Parking Management Plan, enforcement of the Overcrowding Mitigation Implementation Plan, and/or restrictions on certain uses, etc.) (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs and maintenance, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon at all times (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The Property Maintenance Agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The Property Maintenance Agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property and a 50% administration fee. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and expense incurred by the City and a 50% administration fee. (h) The execution and recordation of the Property Maintenance Agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. #21124v3 11 A-56 LIGHTING 24. Site and Building Lighting. The developer shall submit for review by the Planning Division and the Engineering Department, the design and specifications for all proposed lighting fixtures proposed for the buildings, drive aisles, parkways, parking areas, pathways, and surrounding areas within the development. The fixtures shall be reviewed for quality, aesthetics, illumination values, sustainability values such as LED and shall be decoratively and architecturally consistent with the building design. The number, location, height, style and design shall be reviewed and approved by the Planning Division and Engineering Department prior to issuance of building permits. UTILITIES 25. Undergrounding of Utilities. All utility service lines shall be underground. This includes all existing above ground wires that cross over the property that feed adjacent properties. 26. Composite Utility Plan. The applicant shall submit a composite utility plan depicting the location of all above ground utility appurtenances. The exact location of the equipment shall be approved by the Planning Division, during the plan check process, and shall be installed as per approved plans. They shall not be allowed within a required parking, turnaround and landscape areas or on any f rgade facing a public street. 27. Screening of Mechanical Equipment. All mechanical equipment placement and screening shall be included on the development plan and shall be reviewed and approved by the Planning Division prior to installation. Where practicable and as shown on the plans approved by the Planning Commission in the course of obtaining the requested entitlements, mechanical equipment, heating, ventilation, air conditioning (HVAC) units, satellite dish systems, solar panels, thermal solar heaters, utility meters, above ground utility and fire safety connections will be, screened, located out of public view or be architectural integrated into the project design. CONSTRUCTION 28. Construction Information. During construction, the Applicant will display signs visible to the public from the public right-of-way with a contact number of the construction superintendant to address any questions or concerns about demolition, grading, and construction activities including dust, noise and vibration. 29. Vehicles and Equipment. All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of an existing dwelling shall be equipped with properly operating and maintained mufflers. 30. Warning Devices. Replace backup audible warning devices with backup strobe lights or other warning devices during evening construction activity to the extent permitted by the California Division of Occupational Safety and Health. 31. Pest Control. The Applicant shall have rodent and pest controls on site during demolition and grading activities to mitigate impacts to the surrounding properties and neighborhood. #21124v3 11 A-57 32. Perimeter Fence. Prior to demolition and construction, a perimeter security fence not exceeding seven feet in height, shall be installed around the project site. The fencing shall include a green screen material or approved equivalent. The fence/screen material shall be properly maintained and be free of rips, tears, fraying, graffiti, and any other damage or vandalism. 33. Site Maintenance. The site and the public R.O.W. adjacent to any portions of the site shall be maintained in a condition which is free of debris, trash, weeds and overgrown vegetation both during and after the construction, addition or implementation of the entitlements granted herein. All trash and refuse shall be disposed of in dumpsters and be removed from the premises on an as needed basis. Any surplus construction materials shall be stored so as to be screened from public view when not actually in use and be removed from the property upon completion of construction activities. 34. Construction Traffic Management Plan. A truck/traffic construction management plan is required for this project pursuant to the City's Public Works Department. All construction traffic regarding the movement of heavy equipment and graded materials are limited to off peak hours. This plan shall be approved prior to the issuance of Building Permits. 35. Construction Staging. During the construction process all related activities, including but not limited to, loading, unloading, storage of equipment and materials, and parking of employee vehicles are prohibited within the public R.O.W. All such activities shall be conducted only on the project site and not in the public R.O.W. All staging areas and storage of equipment and materials shall be set back from adjacent residential uses. 36. Construction Hours. In accordance with SAMC Section 18.314(e), Demolition, grading, and exterior building construction activities shall be limited to the hours of between 7:00 a.m. and 8:00 p.m. Monday through Saturday. No construction activity shall be allowed on Sundays or federal holidays. Compliance with this measure is subject to field inspection by City Staff. 37. Noise. All onsite activities shall comply with the City of Santa Ana Noise Ordinance at all times. 38. Fire Protection. Fire protection facilities; including access, must be provided prior to and during construction. 39. Fencing. Prior to commencing demolition and site preparation activities, the project site shall be secured with a fence to prevent unauthorized access to the site and the fence shall contain a screening material to screen construction activities from view. The temporary screening fence shall be installed to the satisfaction of the Economic Development Department and shall be maintained in good condition (free of tears, holes, crack lines, debris, etc.) at all times. At the primary entrance to the site, the screening material shall be reduced to a maximum height of four feet to provide visibility into the site at all times and for public safety purposes. The project site shall also have a minimum of one sign of quality material depicting the proposed development, which shall include renderings, project opening date, and City Council information. The signs shall be designed and installed to the satisfaction of the Economic Development Department and maintained in good condition (free of tears, graffiti, holes, cracks, fading, debris, etc.) at all times. 40. Fence Coordination. Prior to the demolition of any existing property line walls and/or fences and construction of a new property line concrete block wall(s), the developer shall make reasonable efforts to coordinate and obtain approval from neighboring property owner(s) to remove any existing wall(s) and/or fence(s). Written authorization from the neighboring property owner shall #21124v3 11 A-58 be provided for the removal of an existing wall and construction of a new shared property line wall upon submittal for plan check. 41. Pre -Construction Meeting. Prior to the commencement of construction on the site, the developer shall schedule a pre -construction meeting between the general superintendent or field representative and the Planning Division to discuss the approved plans and construction requirements. ENGINEERING 42. The Applicant shall submit Improvement Plans prepared by a Registered Civil Engineer for public works (off -site) improvements, and on -site improvements. Plan check fees shall be paid in advance. 43. An on -site grading and drainage plan shall be prepared and submitted to the City Engineer for approval. Plan shall be 24" x 36", with elevations to nearest 0.01 foot, minimum scale 1" = 20'. Plan shall be prepared by Registered Civil Engineer. Public works improvements may be shown on this plan. Grading plan check fees must be paid in advance. 44. Hydrologic and hydraulic calculations demonstrating adequate site drainage from a 10-year return frequency storm (25-year frequency in sump areas) prepared by a Registered Civil Engineer shall be submitted with the Grading Plan. 45. Driveway slope shall be a minimum slope of one (1) percent for asphalt and .5% for concrete. 46. If utility cuts are excessive in the street the street must have a grid and overlay placed on it per the satisfaction of the City Engineer. 47. All existing off -site public improvements (sidewalk, curb and gutter, driveways, and street paving) at the development site which are in a damaged condition or demolished due to the proposed work shall be reconstructed to the satisfaction of the City Engineer, and per OCPFRD Standard Plan. 48. A City Encroachment (Public Works) permit shall be taken out for all work in public right-of-way prior to start of work. All work shall be done in accordance with APWA Standards and to the satisfaction of the City Engineer and must be completed prior to final approval for occupancy or the issuance of Certificate of Occupancy. 49. A bond or surety device shall be posted with the City in an amount and type sufficient to cover the amount of off -site work to be done, as approved by the City Engineer. 50. Pad certification by the Design Civil Engineer and Soil Engineer is required prior to the commencement of structural construction. 51. Final compaction report prepared by a qualified Soil Engineer shall be submitted to the City Engineer for review and approval prior to the commencement of structural construction. 52. Prior to the issuance of any grading or building permits or prior to recordation upon subdivision of land if determined applicable by the City Building Official, the applicant shall submit to the City for review and approval a Final Water Quality Management Plan (WQMP) that: #21124v3 11 A-59 • Addresses Site Design BMPs (Best Management Practices) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the DAMP. • Incorporates Treatment Control BMPs as defined in the DAMP. • Generally describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. #21124v3 11 A-60 Attachment 1 Building Articulation and Setback Along Santiago Park (Conceptual) #211240 11 A-61 EXHIBU' T' Security Fencing #211240 11 A-62 Exhibit J .r LL LL L cc 4) co J co R A d R E X O L Q Q 0 -Tel 'Ji t�` r i Broadway Ysi mow / r 11 A-63 LI . L: 11111 ' ��rrr��ywof4 rrr"'� Y. rlrrrn O MAN HOW MINEi. Mills rrrrrrN r�rrA�� 11 A-64 EXHIBIT 3 LS 11.19.19 ORDINANCE NO. NS-2980 AN ORDINANCE OF THE CITY COUNCIL APPROVING AMENDMENT APPLICATION NO. 2018-10 REZONING THE PROPERTY LOCATED AT 2525 NORTH MAIN STREET FROM PROFESSIONAL (P) TO SPECIFIC DEVELOPMENT NO. 93 (SD-93) (AA NO. 2018-10) AND ADOPTING SPECIFIC DEVELOPMENT NO. 93 (SD-93) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: WHEREAS, Chapter 41, Article 1, Division 1, Section 41-1 of the Santa Ana Municipal Code establishes the necessity of segregating the location of residences, businesses, trades and industries; regulating the use of buildings, structures, and land regulation; the location, height, bulk and size of buildings and structures, the size of yards and open space; the City is divided into land -use districts of such number, shape and area as may be considered best suited to carry out these regulations and provide for their enforcement; and WHEREAS, the regulations are considered necessary in order to: encourage the most appropriate use of land, conserve and stabilize property value, provide adequate open spaces for light and air and to prevent and fight fires, prevent undue concentration of population, lessen congestion on streets and highways, and promote the health, safety and general welfare of the people, all as part of the general plan of the City; and WHEREAS, the City of Santa Ana has adopted a zoning map which has since been amended from time to time: and WHEREAS, AC 2525 Main, LLC ("Applicant') seeks to develop the Addington Multi -Family Residential Project ("proposed Project'), originally proposed as a 496-unit multi -family project on a 5.93-acre site at 2525 North Main Street in Santa Ana, California ("Project Site"); and WHEREAS, during the entitlement and environmental review process, and in response to comments and concerns raised by the public and the City's elected officials, the Applicant has proposed modifications to the original proposal; and WHEREAS, the Project as currently proposed now entails, among other things, (1) demolition of the existing 81,172 square foot vacant two-story office building and 442-space surface parking lot on the Project Site; (2) redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of Ordinance No. NS-2980 Page 1 of 10 11 A-65 residential buildings that would provide 256 for -rent multi -family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot with residential and commercial parking; (3) approval of Development Agreement No. 2018-01 between the City of Santa Ana ("City") and Applicant; (4) approval of General Plan Amendment No. 2018-06, which would change the Project Site's existing land use designation of Professional & Administration Office (PAO) to District Center (DC); and (5) approval of Amendment Application No. 2018-10, which would change the zoning of the Project Site from Professional (P) to Specific Development No. 93 (SD-93) designation; and WHEREAS, the requested Amendment Application would change the zoning designation of the property from Professional (P) to Specific Development No. 93 (SD-93) and adoption of Specific Development No. 93 to reflect this change in order to facilitate the construction of the multi -family housing project; and WHEREAS, Environmental Impact Report No. 2018-01 (State Clearinghouse No. 2018021031) for the proposed Project was circulated between August 7, 2018 and October 4, 2018; and WHEREAS, the Environmental Impact Report analyzed the impacts related to the proposed amendment to the zoning map and adoption of Specific Development No. 93; and WHEREAS, on August 27, 2018, the Planning Commission conducted a work study session to overview the project and thirty-two (32) verbal comments were received (three (3) in support and twenty-nine (29) in opposition) and nine (9) written comments were received (one (1) in support and eight (8) in opposition); and WHEREAS, on November 26, 2018, the Planning Commission continued a duly noticed public hearing for the project to January 14, 2019 and held a second study session to overview the Project and fifty-eight (58) verbal comments were received (twenty-five (25) in support; thirty-one (31) in opposition and two (2) neutral) and eleven (11) written comments were received (two (2) in support and nine (9) in opposition); and WHEREAS, on January 14, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, seventy-nine (79) members of the public spoke on the item, thirty (30) speakers supported the project, forty-eight (48) opposed it and one speaker was neutral. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission voted to recommend that the City Council does not certify the EIR, adopt the findings, the statement of overriding considerations and the mitigation monitoring and reporting program and deny the Project; and Ordinance No. NS-2980 Page 2 of 10 11 A-66 WHEREAS, on February 5, 2019, the City Council conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-one (61) members of the public spoke on the item, thirty-eight (38) speakers supported the project, twenty (20) speakers opposed it and three (3) speakers were neutral and the public hearing was continued to the next regular adjourned City Council meeting on February 19, 2019; and WHEREAS, on February 19, 2019, the City Council continued to conduct a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, one hundred and thirty-one (131) members of the public spoke on the item, twenty-six (26) speakers supported the project and one hundred and five (105) speakers opposed it and one hundred and sixty- six (166) written comments were received with nine (9) in support and one hundred and fifty-seven (157) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the City Council voted that the applications go back to the Planning Commission for reconsideration after further consultation with the community; and WHEREAS, in June 2019, the applicant submitted a revised plan consisting of development 347 multi -family units (59 dwelling units per acre), with 642 parking spaces (1.85 parking spaces per unit) and parking capacity at 2.0 spaces per unit, within a 4- story residential building wrapped around a five -level parking structure with an amenity deck on the sixth -level, private open space, and redesigned the intersection of Main Street and Walkie Way/Santiago Park Drive to provide access to the project on a 5.93- acre site (the "June Revised Plan"); and WHEREAS, on August 12, 2019, the Planning Commission conducted a duly noticed public hearing to consider the June Revised Plan. At the meeting, seventy- seven (77) members of the expressed opposition; nine (9) supported the project, and one speaker was neutral. In addition, one -hundred (100) written comments were received with six (6) in support and ninety-four (94) in opposition. After hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission vote resulted in an impasse; and WHEREAS, in October 2019, in response to comments received the applicant submitted a further revised plan. including redevelopment of the 5.93-acre site with 444,534 square feet of total development, including 277,281 square feet of residential buildings that would provide 256 for -rent multi -family residential units and a 167,253 square foot central parking structure and a 284 space surface level parking lot which also reduced the Project's height, increased the Project's setbacks, and modified the Project entrance ("October Modified Project"); and WHEREAS, the City has prepared "Clarifications to the Final EIR" to determine if the Modified Project would result in new or substantially increased environmental effects Ordinance No. NS-2980 Page 3 of 10 11 A-67 than those analyzed in the EIR such that the EIR would require recirculation prior to its certification; and WHEREAS, the Clarifications to the Final EIR include detailed analysis, based upon substantial evidence, that demonstrate that the Modified Project would not result in any new or substantially greater impacts than are disclosed in the EIR, no new mitigation measures beyond those identified in the EIR are required, and no additional feasible alternatives or mitigation measures considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project; and WHEREAS, on October 28, 2019, the Planning Commission conducted a duly noticed public hearing to consider the EIR, Development Agreement No. 2018-01, General Plan Amendment No. 2018-06, and Amendment Application No. 2018-10 and solicited comments on the EIR. At the meeting, sixty-two (62) expressed opposition and two (2) in expressed support the project. In addition, ninety-eight (98) individuals submitted comments with ninety-four (94) in opposition and four (4) in support; and WHEREAS, after hearing all relevant testimony from staff, the public and the City's consultant team, the Planning Commission by a vote of 3:2, voted to recommend denial of the project. Since the entitlements require final action by the City Council, the actions were forwarded to the City Council; and WHEREAS, on November 8, 2019, the City gave public notice of a City Council public hearing for consideration of Amendment Application No. 2018-10 by advertising in the Orange County Register, a newspaper of general circulation, and by mailing to owners of property and residents within 500 feet of the Project; and WHEREAS, on November 19, 2019, the City Council conducted a duly noticed public hearing to consider General Plan Amendment No. 2018-06, Amendment Application No. 2018-10, and Development Agreement No. 2018-01, and the Environmental Impact Report for the Project, at which hearing members of the public were afforded an opportunity to comment upon Amendment Application No. 2018-10; and NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT: The City Council has reviewed and certified Environmental Impact Report No. 2018-01; adopted the Mitigation Monitoring and Reporting Program (MMRP); and adopted the Statement of Overriding Consideration for the proposed Project, including this Amendment Application No. 2018-10. SECTION 3. AMENDMENT APPLICATION: The Amendment Application consists of amendments to the zoning map (SDM 6-5-9) and adoption of Specific Development Ordinance No. NS-2980 Page 4 of 10 11 A-68 No. 93, as shown in Exhibit A and Exhibit B respectively, attached hereto and incorporated herein by reference. SECTION 4. LOCATION OF DOCUMENTS: The Amendment Application, Environmental Impact Report and all supporting documents are on file and available for public review at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, California 92702. SECTION 5. GENERAL PLAN CONSISTENCY: The City Council hereby finds that the proposed Amendment Application is compatible with the objectives, policies, and general plan land use programs as amended by General Plan Amendment No. 2018- 06 in that: A. The proposed Amendment Application will not adversely affect the public health, safety, and welfare in that the Amendment Application will not result in incompatible land uses on adjacent properties, inconsistencies with any General Plan goals or policies, or adverse impacts to the environment. B. The amendment application to change the zoning designation from Professional (P) to Specific Development 93 (SD-93) is consistent with Santa Ana Municipal Code section 41-593.1 for the following reasons: (1) Protecting and enhancing the value of properties by encouraging the use of good design principles and concepts, as related to the division of property, site planning and individual improvements with full recognition of the significance and effect they have on the proper planning and development of adjacent and nearby properties. The site plan has been designed with the vehicular entrance on Main Street away from the residential neighborhood to the south and east. In addition, the parking structure and rooftop amenity deck, which are the tallest building elements are positioned closer to Main Street, with residential buildings wrapped around the structure to screen it. There is a 90-foot rear (east) setback requirement which creates a buffer between the multi -family buildings and single-family homes. In addition, the existing healthy trees along the east property line will be protected in place and new mature trees will be planted or replaced as needed. The wall along the eastern property line will be increased to 8-feet in height and the east side of the building will tier in height from two, three, to four stories to provide a transition in height when compared to the single -story residential dwellings to the east. The building is also designed with courtyards rather than one large "box" to provide open space and variation in the massing. Furthermore, the units along Edgewood Road will have patios with access to the Ordinance No. NS-2980 Page 5 of 10 11 A-69 street to mimic single-family dwelling porches and to connect the project with the residential neighborhood. (2) Encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development of structures and grounds in order that the most appropriate use and value thereof be determined and protected. The property is a 5.93-acre site with street frontage along Main Street, a major urban corridor with cultural, educational, employment and retail destinations such as the Bowers Museum, Discovery Science Center, Main Place Mall and in the City of Orange; the Children's Hospital of Orange County and St. Joseph's Hospital of Orange County. Therefore, the residential development would be within close proximity of major employment centers and retail establishments. The site is also located just north of the Santa Ana (1-5) freeway which provides regional access to and from the City. The multi -storied development will complement the nearby mid -rise office buildings located along Main Street to the north and west of the site and the multi -family residential use supports a mixed -use setting. In addition, the new building will have a variety of materials such as multiple brick veneers, stone veneer, metal panels, ceramic tile, metal canopies, flat and metal seamed roofs to assist in creating a modern contemporary design. The residential development will replace a potential office use with a residential use. Although a professional office use is typically considered a low intensity land use when compared to commercial or industrial uses, issues with parking, traffic and noise may still arise. When comparing land uses multi -family uses are more compatible in nature with single- family residential neighborhoods than office uses. (3) Providing a method whereby specific development plans are to be based on the general plan as well as other regulations, programs, and legislation as may in the judgment of the city be required for the systematic execution of the general plan. With approval of General Plan Amendment No. 2018-06, the Project will be consistent with the General Plan Land Use Element. Although the Project requires an amendment to the Land Use Element to allow for residential use of the property, the Project still supports and is consistent with several other overarching goals and policies of the General Plan. For example, as described in the associated General Plan Amendment No. 2018-06: Housing Element Goal 2, to create diversity of quality housing, affordability levels, and living experiences that Ordinance No. NS-2980 Page 6 of 10 11 A-70 accommodate Santa Ana's residents and workforce of all household types, income levels, and age groups to foster an inclusive community. Land Use Element Goal 4, to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. Urban Design Element, Goal 1, to improve the physical appearance of the City through development of districts that project a sense of place, positive community image, and quality environment. (4) Recognizing the interdependence of land values and aesthetics and providing a method to implement this interdependence in order to maintain the values of surrounding properties and improvements and encouraging excellence of property development, compatible with the general plan for, and character of, the city, with due regard for the public and private interests involved. Development of the Project would result in a substantial change in views and a significant and unavoidable impact to aesthetics. However, the Project will replace an over 30-year old structure with a modern building with enhanced landscaping contributing to the character of the City. Furthermore, a Development Agreement between the developer/property owner and the City of Santa Ana has been entered into. Public benefits of the agreement include: public art, Santiago Park for improvements, Park Santiago Neighborhood benefits including access to on -site amenities for Park Santiago residents, security patrol of the residential neighborhood and Santiago Park, and Park Santiago Neighborhood for traffic improvements and calming such as street calming, traffic diversion, and street lights. (5) Insuring that the public benefits derived from expenditures of public funds for improvements and beautification of streets and public facilities shall be protected by exercise of reasonable controls over the character and design of private buildings, structures and open spaces. The multi -family residential development will utilize existing water, sewer, and drainage infrastructure and will not result in the expansion of infrastructure. In addition, the Project will not result in the expansion of new or altered police or fire facilities. The Project will be subject to utility user tax, property taxes based on the valuation of the new construction and management company business taxes. The building facades and new landscaping are designed to deter graffiti, existing sidewalks will be removed and replaced with new sidewalks that are constructed to City standards, new street lights will be installed and the City's Building Security Ordinance will be implemented which includes Ordinance No. NS-2980 Page 7 of 10 11 A-71 security and crime preventing measures to help reduce City expenditures on public services and maintenance. In addition, the residential development will be subject to all required development impact fees. SECTION 6. INDEMNIFICATION. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 8. CITY COUNCIL ACTIONS: The City Council hereby takes the following actions: 1. The City Council hereby adopts an Ordinance approving Amendment Application No. 2018-10 as follows: A. Subject to compliance with the Mitigation Monitoring and Reporting Ordinance No. NS-2980 Page 8 of 10 11 A-72 Program, the property at 2525 North Main Street shall be amended to Specific Development No. 93 and Specific Development No. 93 plan shall be adopted as set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by reference. B. The Amendment Application shall not take effect unless and until Environmental Impact Report No. 2018-01 and General Plan Amendment No. 2018-06, are each certified and approved by the City Council, and the associated Development Agreement No. 2018-01 is approved by the City Council and executed by all parties thereto. SECTION 9. EXECUTION OF ORDINANCE. The Mayor shall sign this Ordinance and the Clerk of the Council shall attest and certify to the adoption thereof. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor Ordinance No. NS-2980 Page 9 of 10 11 A-73 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2980 to be the original ordinance adopted by the City Council of the City of Santa Ana on _ 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-2980 Page 10 of 10 11 A-74 *A :11:1 Y r_1 LN 6 R1 f Ci-MB j Ci-HBII Ci-HBII C1 C1 cl SP3 SP3 'm SP3 e= a e1 Q PO W� Al u L eoN R1 p LL g max Lx u1 G1 Al viacixw A— _ v A R1 caw[mOW ST a R1 Rl Sam ST R1 _ g O sr Rixn SR1 v.Nre cieae fiffiffi x R1 vAR, A ML� �ccTARl v 1LLLW ��I}TI}�IT—TI�TI—�I�1 LL1L=tRi g HE J Rj Ri '�iCJ�L1L2 Rig HE R1 — —Ri Si R1 R1-B .,� R1 R1 C-77 111 � F 17TH ST n % C5j p -05 A' F-fol 12111121 Ics D1 Pt w-11441&1 cl R1-B w 3 ¢ Ri Q yLrypNT Si CS LOAw. oa Ri-B C5 afaava R1 S p � g O � e Q ffc ASPEN g= Al R1� R1 _L. siNrA CwRAAVQ S x — Z ALOHA, C5 R1 R1 C1 Al GENERALAGRICULTURAL CSM SOUTH MAIN STREETCOMMERCIAL DIST_ R2 TWO-FAMLYRESIDENCE -B PARKING MODIFICATION C1 COMMUNITYCOMMERCIAL GC GOVERNMENTCENTER US MULTIPLE- FAMILY RESIDENCE -OZ OVERLAYZONE C1MD COMMUNITY COMMERCIAL -MUSEUM DIST M1 LGHTINDUSTRl4L R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL -PRD DEVELOPMENT C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE C4 PLANNED SHOPPING CENTER 0 OPENSPACE SD SPECIFICDEVELOPMENT -HD2 HEGHTDISTRICTI C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL R1 SINGLE- FAMILYRESIDENCE SECTIONAL DISTRICT MAP: 6-5-9 e CITY OF SANTA ANA, CALIFORNIA 11 A-75 EXHIBIT B SPECIFIC DEVELOPMENT NO. 93 2525 North Main Street Development Project SECTION 1 — APPLICABILITY OF ORDINANCE The Specific Development Zoning District No. 93 (SD-93) for the 2525 North Main Street development project is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD-93 contains specific standards and regulations for the purpose of establishing land use regulations and development and operational standards for the project site. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless expressly superseded by regulations contained in this ordinance. The boundaries of the 2525 North Main Street development project shall be defined pursuant to Attachment 1 (attached hereto and incorporated a though fully set forth herein). The 2525 North Main Street Development District shall have two zones, Zone 1 and Zone 2, as depicted in Attachment 1. SECTION 2 — PURPOSE The Specific Development Plan No. 93 for the 2525 North Main Street project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. ObeectiXes The objectives of the 2525 North Main Street project specific development plan include provisions of the following: Promote the City's image as providing high -quality residential projects for individuals and families of all income groups. 2. Create a clean and safe environment for the City's residents, workers, and visitors. Contribute to the North Main Street corridor by providing a high density residential development that supports nearby cultural, office and commercial uses. 4. Provide regulations that allow development, in response to market conditions while achieving overall City and community goals. Provide parking opportunities for nearby museum uses and/or commercial uses. 1 of 12 11 A-76 SECTION 3 — Uses permitted in Zone 1 The following uses are permitted in the SD-93 district: (a) A maximum of 256 multiple -family dwelling units not exceeding a density of 58 dwelling units/acre. (1) The unit mix shall be comprised of: a. 70% studio and one -bedroom units b. 30% two -bedroom and three -bedroom units (2) Unit square footages ranging from a. 556 to 592 square foot studios b. 633 to 930 square foot one -bedrooms c. 909 to 1,179 square foot two -bedrooms d. 1,362 square foot three -bedrooms (b) Home occupations, pursuant to section 41-192.1 of the Santa Ana Municipal Code. (c) Accessory recreational rooms, dog wash, club room, fitness room, wellness center, bike rooms, pools and spas for residential use. SECTION 4 — Uses subject to a conditional use permit in Zone 1 (a) Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. SECTION 5 —,Uses permitted in Zone 2 (a) Surface parking lot with 180 spaces (approximate 1.4 acre lot) to be used by a commercial, museum, or professional offices uses. (b) Parking may be shared with the residential development through a shared parking agreement. (c) All other uses and/or structures are prohibited. SECTION 6 — Maximum permitted floor area ratio (FAR) The maximum authorized building intensity for the 2525 North Main Street project is a floor area ratio (FAR) of 1.43, including residential areas, community -serving areas (e.g., leasing office, gym and club room) and interior corridors. SECTION 7 — Minimum lot size in Specific Development No. 93 The minimum lot size is 1.4 acres. 2of12 11 A-77 SECTION 8 — Minimum street frontage in Specific Development No. 93 Lots shall have a minimum street frontage of at least 250 feet. SECTION 9 — Building height in Specific Development No. 93 (a) No residential structure shall exceed 50 feet (four stories) in height, as measured from the lowest adjacent grade of the structure to the top of the structure. (b) The six level parking structure (five levels with one level subterranean) and amenity deck shall not exceed 61 feet as measured from the lowest adjacent grade to the top of the structure. (c) The stair tower and elevator tower shall not exceed 74 feet as measured from the lowest adjacent grade to the top of structure. (d) Along the east property line the building shall tier from two, three, and four stories as shown on the approved site plan. SECTION 10 — Setback standards in Specific Development No. 93 (a) North setback. A minimum building setback of ten (10) feet shall be provided between the property line and buildings along Santiago Park. (b) South setback. A minimum building setback of one hundred thirty-four (134) feet shall be provided from Edgewood Road. (c) West setback. A minimum building setback of twelve (12) feet shall be provided between the property line and buildings along Main Street. (d) East setback. A minimum building setback of ninety (90) feet shall be provided between the property line and buildings. SECTION 11 — Off-street parking standard in Specific Development No. 93 (a) The minimum off-street parking requirements for the project are as follows: (1) 2.0 spaces per unit shall be provided (407 spaces within the parking structure and 104 space surface level parking lot). (2) Parking stalls shall not be less than eight (8) feet six (6) inches wide and eighteen (18) feet long. Double -striping is required, with the width of stalls measured from lines midway between each pair of stripes. Structural, mechanical, utility or similar appurtenances are only permitted adjacent to required stall areas if the required width of the stall is increased at least six (6) inches and if the appurtenance is not located 3 of 12 11 A-78 so as to interfere with safe and free parking movement, car door opening, or of visibility. (3) Aisles to and from parking stalls shall not be less than: Twenty-three (23) feet wide for 90-degree parking. (4) Drive aisles shall not dead-end; a turn -around method be provided to allow cars to exit if all stalls are occupied (5) The interior of the parking structure without natural lighting shall be painted white or shall be equipped with lighting devices which will provide a minimum maintained two (2) footcandle of light on the parking surface during hours of darkness. Subterranean parking areas shall maintain lighting twenty-four (24) hours a day. Lighting devices shall be protected by vandal resistant covers. (6) A minimum of ten (10) bicycle spaces shall be provided onsite. The design and materials shall comply with the approved materials board submitted for the project during building plan check. (7) Prior to submittal into building plan check, a parking management plan shall be submitted to the Planning Division for review, identifying parking per unit, and guest parking. The plan is subject to approval of the Executive Director of the Planning and Building Agency. Onsite parking shall be provided for residents and visitors of the Project and the parking demand of the Project site shall be actively monitored. Property owner "Owner" shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. SECTION 12 — Vehicular Access in Specific Development No. 93 The development shall prepare all necessary plans per City Standards and to the satisfaction of the City Engineer to: (a) Provide public access via Walkie Way/Park Santiago Drive and Main Street. The Santiago Park Entrance design and construction shall be subject to the review and approval of the City's Planning & Building, Public Works, and Parks, Recreation and Community Services Agency Directors, including residential units to front onto Santiago Park, Main Street, and the Santiago Park Drive entrance. (b) Reconstruct the existing intersection of Main Street and Walkie Way/Park Santiago Drive to accommodate the southerly relocation the east leg of the intersection, including, but not limited to: Removal of all portions of the existing east leg of the intersection. Construction of PCC curb, gutter and sidewalk along the east side of Main Street. iii. Reconstruct pavement within the intersection. 4of12 11 A-79 iv. Modification of the Traffic Signal for the Walkie Way/Park Santiago Drive intersection for the intended signal operation shall include new signals poles, traffic cabinet, install conduits and wiring, traffic signal, interconnect, provide Accessible Pedestrian Signals pedestrian push buttons, vehicle/bike video detection, signing and striping as needed to accommodate the proposed entrance to the development and Santiago Park. (c) Remove and reconstruct the raised -curb median in Main Street between Walkie Way and Edgewood Road to provide increased left turn pocket lengths per Attachment 2, including, but not limited to: i. Reconstruct asphalt pavement in Main Street to maintain standard cross slopes, positive drainage and smooth vertical transitions. ii. Provide landscaping and irrigation in the median. iii. Modify the existing channelization striping extending through intersections. (d) Coordinate with Caltrans to enter into a Cooperative Agreement with City of Santa Ana to implement traffic signal synchronization timing along Main Street between the 1-5 ramps and the modified traffic signal at Main Street and Walkie Way -Santiago Park to enhance traffic flow and reduce congestions between city streets and the State Highway System. The scope of work shall include but not limited to preparation of cooperative agreement, any required improvements, preparation and implementation of timing plans, and required permits. (e) The Emergency Vehicular Access Lane (Fire Lane) with access to Edgewood Road shall be gated per Orange County Fire Authority and City Public Works Agency requirements and standards. The emergency lane shall not be used for trash staging, trash loading and/or move-ins/outs. No other vehicular access or curb approach openings will be approved on Edgewood Road for the project. SECTION 13 — Open Space standard in Specific Development_No. 93 (a) Pedestrian Walkways and Open Space. The project will provide a minimum of 15% of the total lot size shall be open space in the form of common, landscaped open space areas, pools, spas, deck, courtyard and lobby, interior community room, dining room, gym, business room, etc. (b) Courtyards. (1) East courtyards shall be a minimum of 34 feet wide by 100 feet in depth and shall not contain any pools, spas or recreational rooms. (2) West courtyard shall be a minimum of 48 feet wide by 58 feet in depth. (c) Private Open Space. Each residential unit shall have a patio or balcony a minimum of 50 square feet in size. 5of12 11 A-80 SECTION 14 — Walls/Fences standard in Specific Development No. 93 (a) East property line. Prior to issuance of the first building permit, a solid block wall with a minimum height of eight (8) feet shall be constructed along the east property line. The block wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative finish in accordance to the design provisions contained within the most recent version of the City's design guidelines. (b) North property line. Prior to the issuance of the first building permit, a new wrought iron fence shall be constructed. The fence shall also incorporate decorative pilasters located a maximum of 50 feet on center. Any walls and/or fences are limited to eight (8) feet in height. (c) South and West property line walls are prohibited. Within the front and street side setbacks, walls and/or fences shall be limited to four (4) feet in height. SECTION 15 — Landscape standard in Specific Development No. 93 (a) A Landscape Plan prepared by a licensed landscape architect shall be submitted to the Planning Division for review and approval prior to the issuance of building permits. The Irrigation Plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute (G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. The landscape plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged. The landscape plan shall provide a cross section of the eastern planter showing the planter at time of planting, after five (5) years and at full maturity. The cross section shall demonstrate the landscaping will adequately screen the project from the adjacent residential uses along the eastern portion of the Property. A minimum size of 36-inch box trees shall be planted along street setbacks, open space areas and shared parking areas. (b) Per the arborist report dated May 4, 2018: (1) Retain and protect in place the existing eleven (11) healthy Ficus benjamina trees adjacent to the east property line. (2) Remove the existing eight (8) unhealthy trees (Liquidambar styracii lua) in the eastern planter and plant eight (8) minimum size of 60-inch box trees in their place. 6of12 11 A-81 (3) Plant new vertical and canopy specimen trees with a minimum size of 48- inch box, 20-feet on center in the east planter within 150 feet of the front property line and within 150 feet of the rear property line. (4) The planter along the east property line shall be sized to allow for future growth and health of the trees. (5) To the extent feasible, all other healthy mature trees on the property shall be protected and preserved. If the perseveration of the existing healthy, mature trees is not feasible because of the location of the approved structures on the property, the Owner shall work with Staff to evaluate the feasibility of relocating the healthy tree(s) to other locations on the property. (c) Project Landscaping: Landscaping shall be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance Chapter 41, Article XVI of the Santa Ana Municipal Code. All landscape areas shall have a fully automatic irrigation system (including spray or drip) as required by the City of Santa Ana Landscape Water Conservation Ordinance. (d) All meters shall be appropriately screened from public view with trellis work and vines or hedge -type shrubs, or be incorporated into the residential structure. (e) Installation: Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancy of units within that building. The Owner shall be responsible for maintaining all common area landscaping within the development. (f) Maintenance: All plant material shall be maintained per Section 41-609 of the Santa Ana Municipal Code. SECTION 16 — Residential Si2na2e in Specific Development No. 93 (a) Signage for the project shall be consistent with Section 41-868 of the Santa Ana Municipal Code. SECTION 17 — Architectural Design in Specific Development No. 93 (a) Exterior materials. Prior to submittal into building plan check, the Owner shall submit revised architectural elevations subject to the review and approval of the Executive Director of the Planning and Building Agency. Exterior materials and finishes for the project shall comply with the approved materials board submitted for the project including stone veneer, brick veneer, ceramic tile, metal canopies, flat and metal seamed roofs. All trash enclosures and similar ancillary structures shall match the texture, material and color of the building. (1) The east building wall windows (at the 90 foot building setback) shall be opaque or clerestory (above eye level) windows. 7 of 12 11 A-82 (2) The east wall of the parking structure shall incorporate screen materials and be designed to screen the views from the amenity deck or parking structure to the neighborhood. (b) Green Building. Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. The project shall be constructed to Silver Standard or better LEED equivalent and shall at the minimum, incorporate bike lockers, bike sharing programing, electric vehicle charging stations, rain capturing systems, grey water capturing systems, and to the extent feasible, automobile sharing programing. (c) Public Art. Public Art shall be installed, and maintained with a value equivalent to one- half of one percent (0.5%) of the total construction cost of the Project. Total construction cost shall mean all design, engineering and construction costs. A public art plan shall be prepared and submitted to the City no later than one hundred eight (180) days before final approval for occupancy or the issuance of a certificate of occupancy and the approved art shall be installed prior to final approval for occupancy of the issuance of a Certificate of Occupancy for the Project. (d) Storage. A minimum of 250 cubic feet of storage, in addition to interior bedroom closets, shall be provided with minimum dimensions of 4 feet by 8 feet per unit. (e) Hardscape materials. Enhanced paving materials shall be installed at the Main Street driveway entrance. The actual paving materials shall be approved by the Planning Division. (f) Lighting standards/fixtures. The light fixtures are to integrate design elements of the building and landscape architecture. Lighting is to be designed to confine the direct rays of the artificial lighting within the boundaries of the development. Specifications of light standards/fixtures and photometrics plan shall be submitted to Planning Division for review and approval by the Planning Division prior to the issuance of building permits. (g) Composite Utility Plan. Composite utilities shall not be allowed within required parking, turnaround and landscape areas or on any fagade facing a public street. (h) Mechanical Equipment, Appurtenances, and Conduits. All mechanical equipment, heating, ventilation, air conditioning (HVAC) units, satellite dish systems, solar panels, thermal solar heaters, utility meters, above ground utility and fire safety connections will be, screened, located out of public view or be architectural integrated into the project design within designated rooms, inside walls, behind parapets, or through a combination of landscape and hardscape materials. (i) Trash Enclosures. Trash bins shall be stored in designated trash enclosures. There shall be an onsite designated trash staging area only to be used on service days and the staging area and bins shall not disrupt vehicular use of the driveway. The minimum requirements needed to service the location shall be clearly indicated on the plans and 8of12 11 A-83 subject to the approval of the Public Works Agency. SECTION 18 —Property Maintenance in Specific Development No. 93 (a) Onsite Property Manager. The Project shall include 24-hour on -site Property Management services and personnel. Up-to-date 24-hour contact information for the on -site personnel shall be provided to the following City Agencies on an ongoing basis: (1) Police Department (2) Fire Authority (3) Planning and Building Agency (4) Community Development Agency (b) Maintenance. The property shall be maintained free of trash, debris and graffiti. Graffiti shall be removed within 24-hours after its appearance in accordance with Section 10- 227 of the Santa Ana Municipal Code. (c) Crime Free Housing. Prior to submittal into building plan check, a Crime Free Housing Plan shall be submitted for review. The Plan shall be approved prior to occupancy of the first unit and shall be implemented and administered by the Owner. (d) Building Security. All structures and parking lots shall comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). (e) Emergency Evacuation Plan. An approved Emergency Evacuation Plan (EEP) from City Police and Fire Protection agencies shall be on file for the project. Up-to-date 24- hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (1) Police Department (2) Fire Authority (3) Planning and Building Agency (4) Community Development Agency (f) On Going Property Maintenance. Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Developer) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (1) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). 9of12 11 A-84 (2) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses). (3) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. (4) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon at all times (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). (5) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (6) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (7) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (8) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. 10 of 12 11 A-85 i ATTACHMENT 1 " L.- 11 of 12 11 A-86 ATTACHMENT 2 12 of 12 11 A-87 LS 12.17.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTERS 8 AND 14 OF THE SANTA ANA MUNICIPAL CODE TO ADOPT AND AMEND THERETO THE MOST RECENTLY ENACTED CALIFORNIA BUILDING CODE, CALIFORNIA RESIDENTIAL CODE, CALIFORNIA GREEN BUILDING STANDARDS CODE, CALIFORNIA ELECTRICAL CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE, CALIFORNIA EXISTING BUILDING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE CODE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 8-43 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-43. Adoption by reference. There is adopted by the city that certain code known as the California Building Code, 2019 Edition, based on the 2018 International Building Code as published by the International Code Council, (hereinafter referred to in this article as the 'Building Code," "building code," or "California Building Code"), consisting of "Volume 1 ", "Volume 2" and the 2019 California Existing Building Code (together with subsequent supplements or amendments to any volume, each of which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The building code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the building code set forth in this chapter that specifically amends the Building Code. Any previously enacted, unrepealed provision of the Santa Ana Municipal Code that amended a pre-2019 edition of the 'Building Code" shall also be construed as amending the applicable provision of the 2019 or later edition of the building code. The building code, as thus amended, together with all other provisions of this article, shall be known as the city building code. Appendices which are adopted pursuant to this section are as follows: Appendix I, Patio Covers Ordinance No. NS-XXXX 11 B-1 Page 1 of 29 Appendix J, Grading SECTION 2: Section 8-93 of the Santa Ana Municipal Code is hereby amended and added such that it reads as follows: Secs. 8-92. - Reserved. Sec. 8-93. Permit expiration (Volume 1, Chapter 1, Division II, Section 105.5). Chapter 1, Division II, Section 105.5 of the building code is amended to read as a follows: Sec. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. SECTION 3: Section 8-85 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 8-85. Seismic loads (California Existing Building Code, Chapter 5, Section 506.4.3). Chapter 5, Section 506.4.3 of the California Existing Building Code is amended by adding the following paragraph thereto: The conversion of any portion of an existing building to residential use shall be analyzed for 75 percent of the Design Earthquake Ground motion, as defined in Section 1613.2 of the California Building Code, but in no event shall there be a reduction in the capacity of the seismic force resisting system where such system provides a greater level of protection than the minimum requirements established by this code. Performance - based engineering analysis and design procedures may be used to evaluate the existing structure and the design of strengthening elements when approved by the Building Official. All new structural elements shall meet current detailing requirements of Section 1604 of the California Building Code. SECTION 4: Section 8-290 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-290. Adoption by reference. Ordinance No. NS-XXXX Page 2 of 29 11 B-2 There is adopted by the city that certain code known as the California Plumbing Code, 2019 Edition, including the following appendices thereto: A, B, D, I and J, (hereinafter referred to in this article as the "Plumbing Code"), together with subsequent supplements or amendments, which shall become effective, adopted and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The plumbing code is adopted and incorporated by reference as fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the plumbing code set forth in this chapter of this Code that specifically amend the plumbing code. Any previously enacted, unrepealed provision of this Code that amended a pre-2019 edition of the "Plumbing Code" shall also be construed as amending the applicable provision of the 2019 or later edition of the plumbing code. The plumbing code as amended, together with all other provisions of this article, shall be known as the city plumbing code. SECTION 5: Section 8-340 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-340. Underground Installation (California Plumbing Code Section 313.5). Section 313.5 of the Plumbing Code is amended to read as follows: 313.5. Underground Installation. Piping in the ground shall be laid on a firm bed for its entire length. Building drains, sewers and storm drain piping systems in the ground, and designed and approved at less than one (1) percent grade, shall be laid on a continuous firm bed, certified by a registered soils engineer as having a compaction level of not less than ninety (90) percent density. Where support is otherwise provided, it shall be approved per Section 301.2 of this code. SECTION 6: Section 8-556 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-556. Adoption by reference. There is adopted by the city that certain code known as the California Mechanical Code, 2019 edition (hereinafter referred to in this article as the "California Mechanical Code" "Mechanical Code" or "mechanical code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified. The mechanical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the mechanical code set forth in this chapter of this Code that specifically amend the mechanical code. Any previously enacted, unrepealed provision of this Code that amended a pre-2019 edition of the "Mechanical Code" shall also be construed as amending the applicable provision of the 2019 or later edition of the mechanical code. The mechanical code as amended, Ordinance No. NS-XXXX 11 B-3 Page 3 of 29 together with all other provisions of this article, shall be known as the city mechanical code. SECTION 7: Section 8-570 of the Santa Ana Municipal Code is hereby removed in its entirety. Sec.8-570. Reserved. SECTION 8: Section 8-667 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-667. Adoption by reference. There is adopted by the city that certain code known as the California Electrical Code 2019 Edition and the administrative provisions set forth herein, (hereinafter referred to in this article as the "Electrical Code") together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless specifically adopted prior to that date, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The electrical code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the electrical code set forth in this chapter of this code that specifically amend the electrical code. Any previously enacted, unrepealed provision of this Code that amended a pre-2019 edition of the "Electrical Code" shall also be construed as amending the applicable provision of the 2019 or later edition of the electrical code. The electrical code as amended, together with all other provisions of this article, shall be known as the city electrical code. Annex which are adopted pursuant to this section are as follows: Informative Annex A, Product Safety Standards SECTION 9: The City Council of the City of Santa Ana hereby finds, determines and declares that adoption of section 8-942 amending California Electrical Code Section 334.12 is necessary because earthquakes are a common occurrence in the local area; that, unlike wire installed in conduit or raceways, non-metallic sheathed cable does not provide the degree of protection that is needed in the event of an earthquake; that exposed non-metallic sheathed cable is particularly hazardous; and that this amendment is necessary to assure that adequate protection is provided in the workplace and in other places of public gathering. SECTION 10: Section 8-2000 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Ordinance No. NS-XXXX Page 4 of 29 11 B-4 Sec. 8-2000. Adoption by reference. There is adopted by the city that certain code known as the 2018 International Property Maintenance Code (hereinafter referred to as the 'Property Maintenance Code"), together with subsequent supplements, amendments, or editions, which shall become effective, adopted, and incorporated by reference into this Code on each new official publication date of the International Property Maintenance Code, of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The said Code is adopted and incorporated as fully as if set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the property maintenance code set forth in this chapter of this Code that specifically amends the property maintenance code. Any previously enacted, unrepealed provision of this Code that amended a pre-2018 edition of the "Property Maintenance Code" shall also be construed as amending the applicable provision of the 2018 or later edition of the property maintenance code. The property maintenance code, as thus amended, together with all other provisions of this article, shall be known as the city property maintenance code. SECTION 11. Section 8-2800 is amended in Chapter 8 of the Santa Ana Municipal code to read in full as follows: Sec. 8-2800. Adoption by reference. There is adopted by the city that certain code known as the California Residential Code, 2019 Edition, based on the 2018 International Residential Code as published by the International Code Council, (hereinafter referred to in this article as the 'Residential Code" or "California Residential Code"), (together with subsequent supplements or amendments shall become effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the Clerk of the Council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Residential code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city, except for the changes to the Residential code set forth in this chapter that specifically amends the Residential Code. The Residential code, as thus amended, together with all other provisions of this article, shall be known as the city residential code. Appendices which are adopted pursuant to this section, are as follows: Appendix H, Patio Covers Appendix J, Existing Buildings and Structures Ordinance No. NS-XXXX 11 B-5 Page 5 of 29 SECTION 12: Section 8-2810 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-2810. Climatic and Geographic Design Criteria (Table R301.2(1)). Table R301.2(1) is revised to read: TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM ICE BARRIER Frost GROUND Speed Topo- Special Windborn DESIGN line WINTER UNDERLAY- FLOOD AIR MEAN SNOW d graphic wind debris I CATEGORY Weathering Depth Termite DESIGN MENT HAZARDS FREEZING ANNUAL LOAD mph effects region' zonem r a b TEMP- REQUIRED^ c INDEXI TEMPI Very See Zero 110 No No No Ds or Negligible 12-24" Heavy 43 No Exhibit 0 60 For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible," "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. C. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(A)].Wind exposure category shall be determined on a site -specific basis in accordance with Section R301.2.1.4. e. Temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction's entry into the National Flood Insurance Program (date of Ordinance No. NS-XXXX Page 6 of 29 11 B-6 adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of all currently effective FIRMS and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall fill in this part of the table with "NO." i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF -days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index- USA Method (Base 320)" at www.ncdc.noaa.gov/fpsf.htrni. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index -USA Method (Base 32°F)" at www.ncdc.noaa.gov/fpsf.htmi. k. In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with "YES." Otherwise, the jurisdiction shall indicate "NO" in this part of the table. SECTION 13. Section 8-2900 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 8-2900. Adoption by reference. There is adopted by the city that certain code known as the California Green Building Standards Code, 2019 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Green Building Standards Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The Green Building Standards code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Green Building Standards code, as thus amended, together with all other provisions of this article, shall be known as the city Green Building Standards code. Ordinance No. NS-XXXX 11 B-7 Page 7 of 29 SECTION 14: Section 8-3000 of the Santa Ana Municipal Code is hereby added such that it reads as follows: Sec. 8-3000. Adoption by reference. There is adopted by the city that certain code known as the California Energy Code, 2019 Edition, as published by the International Code Council, (hereinafter referred to in this article as the "California Energy Code"), (effective, adopted, and incorporated by reference into this Code on the date specified by the state building standards commission, unless otherwise specified), of which not less than one (1) copy of said Code has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. The California Energy Code is adopted and incorporated by reference as though fully set forth at length herein as provided for in section 419 of the Charter of the city. The California Energy Code, as thus amended, together with all other provisions of this article, shall be known as the city Energy code. SECTION 15: Section 14-1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 14-1. Adoption by reference. There is adopted by the city that certain code known as the California Fire Code 2019 Edition, based on the 2018 International Fire Code as published by the International Code Council, (hereinafter referred to in this article as the "California Fire Code" or "fire code") and the whole thereof including the Appendices therein, errata issued during and after the publishing date, save and except such portions as are hereinafter deleted or amended, of which code not less than one (1) copy has been and is now on file in the office of the clerk of the council of the city pursuant to Health and Safety Code Section 18942(d)(1) and are made available for public inspection. Said code is adopted and incorporated as fully as if set forth at length herein and, subject to all amendments set forth in this article, shall be in effect within the city from the effective date of this article. Any provision of this article amending the above mentioned codes shall be construed as amending the 2018 and 2019 editions thereof including such provisions enacted prior to this adoption of the said 2018 and 2019 editions and not thereafter repealed. The International Fire Code, 2018 edition and the California Fire Code 2019 edition, as thus amended, together with all other provisions of this article, shall be known as the "Fire Code of the City of Santa Ana." SECTION 16: Section 14-3.1 is hereby amended and revised as follows: Sec. 14-3.1. -Violation penalties (Section 110.4). Section 110.4 Violation penalties. 110.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or shall fail to comply Ordinance No. NS-XXXX Page 8 of 29 11 B-8 with any issued orders or notices or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be subject to penalties assessed as prescribed in the OCFA Prevention Field Services adopted fee schedule. Each day that a violation continues after due notice has been served shall be deemed a separate offense. (a) Section 110.4.2 Infraction and misdemeanor is hereby added as follows: 110.4.2 Infraction and misdemeanor. Persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative are guilty of a misdemeanor. Secs.14-4-14-9. Reserved. SECTION 17: Section 14-21 is hereby amended as follows: Sec. 14-21. - Definitions (Section 202). Chapter 2 Definitions is adopted in its entirety with the following amendment: Section 202 General Definitions is hereby revised by adding "OCFA" and "Spark Arrester" as follows: 202 General Definitions OCFA- Orange County Fire Authority, fire authority having jurisdiction. SPARK ARRESTER- A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions: 1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366. 2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28. SECTION 18: Section 14-22 is hereby amended as follows: Sec. 14-22. - General requirements (Chapter 3). Chapter 3 General Requirements. Adopt Chapter 3 in its entirety, with the exception of Sections 308.1.4, 311.5 through 311.5.5, 318, and 319, and with the following amendments: Ordinance No. NS-XXXX 11 B-9 Page 9 of 29 (a) Section 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban- wildland interface areas shall be in accordance with Chapter 49. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with OCFA Guideline C- 05 "Vegetation Management Guideline —Technical Design for New Construction, Fuel Modification Plans, and Maintenance Program." (b) Section 305.6 Hazardous Conditions is hereby amended as follows: 305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies: 1. when predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared 2. when an official sign was caused to be posted by the fire code official, or a public announcement is made No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official. (c) Section 305.7 Disposal of rubbish is hereby added as follows: 305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1. (d) Section 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES is hereby revised as follows: SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES Section 307.6 Outdoor Fireplaces, fire Pits, Fire Rings, or similar devices used at Group R Occupancies is hereby added as follows: 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R shall comply with this section. Ordinance No. NS-X,>= Page 10 of 29 11 B-10 Exception: Barbeques, grills, and other portable devices intended solely for cooking. 307.6.1 Gas -fueled devices. Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied -petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202. Section 307.6.2 Devices using wood or fuels other than natural gas or liquefied -petroleum gas is hereby amended as follows: 307.6.2 Devices using wood or fuels other than natural gas or liquefied - petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks. The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures, unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308. Exceptions: 1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3' from combustible construction at R-3 occupancies, 2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies. Section 307.6.2.1 Where prohibited is hereby amended as follows: 307.6.2.1 Where prohibited. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI. Ordinance No. NS-X,)= 11 B-1 1 Page 11 of 29 Exceptions: 1. Permanent fireplaces that are not located in a fuel modification zone 2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire. (e) Section 308.1.6.3 Sky lanterns is hereby revised as follows: 308.1.6.3 Sky lanterns. A person shall not ignite, release, or cause to be released a sky lantern. (f) Section 309.3.1 Indoor charging of electric carts/cars is hereby removed. (g) Section 321 Fuel Modification Requirements for New Construction is hereby amended as follows: 321 Fuel Modification Requirements for New Construction. All new structures and facilities adjoining land containing hazardous combustible vegetation shall be approved and in accordance with the requirements of OCFA Guideline C-05 "Vegetation Management Guideline — Technical Design for New Construction Fuel Modification Plans and Maintenance Program." (h) Section 322 Clearance of brush or vegetation growth from roadways is hereby amended as follows: 322 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow -line or the end of the improved edge of the roadway surfaces. Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. (i) Section 323 Unusual Circumstances is hereby amended as follows: 323 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist: 1. Difficult terrain. 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county -approved list of wildlife, plants, rare, endangered and/or threatened species. Ordinance No. NS-XXXX Page 12 of 29 11 B-12 4. Stands or groves of trees or heritage trees. 5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. (j) Section 324 Use of Equipment is hereby added as follows: 324 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exception: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition. (k) Section 324.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby amended as follows: 324.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush -covered land or non -irrigated grass -covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water -type fire extinguisher fully equipped and ready for use at the immediate area during the operation. 3. Stop work when winds are 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediately in case of a fire. Ordinance No. NS-XXXX 11 B-1 3 Page 13 of 29 (1) Section 324.2 Spark arresters is hereby added as follows: 324.2 Spark arresters. Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 324 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. SECTION 19: Section 14-23 is hereby amended as follows: Sec. 14-23. - Emergency planning and preparedness (Chapter 4). Chapter 4: Emergency Planning and Preparedness. Only the following Sections listed below are adopted: 1. 401 — 401.9 2. 402 3. 403.2 4. 403.5 — 403.5.4 5. 403.10.2.1.1 6. 403.13 — 403.13.3 7. 404.5 — 404.6.6 8. 407 SECTION 20: Section 14-24 is hereby amended as follows: Sec. 14-24. - Fire service features (Chapter 5). Chapter 5 Fire Service Features is adopted in its entirety with the following amendments: (a) SECTION 501.1 Scope is revised to read as follows: 501.1 Scope. Fire service features for buildings, structures and premises shall comply with this chapter and, where required by the fire code official, with OCFA Guideline B-09, "Fire Master Plan for Commercial & Residential Development." Fire service features for buildings, structures and premises located in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone shall also comply with OCFA Guideline B-09a, "Fire Safe Development in State Responsibility Areas, and Local Responsibility Areas designated as Very High Hazard Fire Severity Zone". (b) Section 505.1 Address Identification is revised as follows: 505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the Ordinance No. NS-XXXX Page 14 of 29 11 B-14 property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) for R-3 occupancies, for all other occupancies the numbers shall be a minimum of 6 inches high with a minimum stroke width of 1 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. (c) Section 510.1 Emergency responder radio coverage in new buildings is revised to read as follows: 510.1 Emergency responder radio coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems utilized by the jurisdiction measured at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The Emergency Responder Radio Coverage System shall comply with the Orange County Sheriff's Department, Communications and Technology Division guidelines and specifications and, where the functionality or performance requirements in the California Fire Code are more stringent, this code. Exceptions: 1.In buildings or structures where it is determined by the fire code official that the radio coverage system is not needed, including but not limited to the following: a. Existing buildings or structures, unless required by the Building Official and OCFA for buildings and structures undergoing extensive remodel and/or expansion. b. Elevators. c. Structures that meet all of the following: i. Three stories or less, and ii. Do not have subterranean storage or parking, and iii. Do not exceed 50,000 square feet on any single story. d. Structures that meet all of the following: i. Residential structures four stories or less, and ii. Constructed of wood, and iii. Do not have subterranean storage or parking, and iv. Are not built integral to an above ground multi -story parking structure. Should a structure that is three stories or less and 50,000 square feet or smaller on any single story include subterranean storage or parking, then this ordinance shall apply only to the subterranean areas. Ordinance No. NS-XXXX 11B-15 Page 15 of 29 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system. (d) Section 510.2 Emergency responder radio coverage in existing buildings is deleted without replacement. (e) Section 510.3 Permit required is deleted without replacement. (f) Section 510.4.2.2 Technical Criteria is adopted without amendment. (g) Section 510.5.1 Approval prior to installation is adopted without amendment. (h) Section 510.5.2 Minimum qualification of personnel is removed without replacement. (i) Section 510.5.3 Acceptance test procedure is adopted without amendment. (j) Section 510.6.1 Testing and proof of compliance is adopted without amendment. SECTION 21: Section 14-30 is hereby amended to read as follows: Sec. 14-30. - Fire protection and Life Safety Systems (Chapter 9). Chapter 9 Fire protection and Life Safety Systems is adopted in its entirety with the following amendments: (a) Section 903.2 Where required is hereby amended as follows: 903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided when one of the following conditions exists: 1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.19, an automatic fire -extinguishing system shall also be installed in all occupancies when the total building area exceeds 5,000 square feet (465 m2) as defined in Section 202, regardless of fire areas or allowable area, or is more than two stories in height. Exception: Subject to approval by the Fire Code Official, open parking garages in accordance with Section 406.5 of the California Building Code. 2. Existing Buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and one of the following conditions exists: Ordinance No. NS-XXXX Page 16 of 29 11 B-16 a. When an addition is 33% or more of the existing building area, and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or b. When an addition exceeds 2000 square feet (186 m2) and the resulting building area exceeds 5000 square feet (465 m2) as defined in Section 202; or c. An additional story is added above the second floor regardless of fire areas or allowable area. Exception: Group R-3 occupancies shall comply with Section 903.2.8. (b) Section 903.3.5.3 Hydraulically calculated systems is hereby added as follows: 903.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3 Design t TABLE 903.3.5.3 HYDRAULICALLY CALCULATED SYSTEMS 100 110 120 130 140 150 PSI Ordinance No. NS-XXXX 11 B-1 7 Page 17 of 29 SECTION 22: Section 14-31 is hereby amended and added to read as follows: Sec. 14-31. — Energy Systems (Chapter 12). Chapter 12 Energy Systems is adopted in its entirety with the following amendments added: 1201.1.1 Other Systems Where required by the fire code official, other systems and operations including but not limited to battery systems assembly, battery reconditioning and storage, research and development of battery storage systems, electric vehicle manufacturing and testing, and battery charging systems for cars and carts inside of buildings or structures, shall comply with this chapter. SECTION 23: Section 14-32 is hereby amended to read as follows: Sec. 14-32. — Construction requirements for Existing Buildings (Chapter 11). Chapter 11 Construction Requirements for Existing Buildings: Only the following Sections and Subsections are adopted: 1103.7 1103.7.3 1103.7.3.1 1103.7.8 — 1103.7.8.2 1103.7.9 — 1103.7.9.10 1103.8 — 1103.8.5.3 1103.9.1 1107 1113 1114 1115 1116 SECTION 24: Section 14-33 is hereby removed as follows: Sec. 14-33. Reserved. SECTION 25: Section14-34 is hereby amended to read as follows: Sec. 14-34. - Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities (Chapter 28). Chapter 28 Lumber Yards and Agro-Industrial, Solid Biomass and Woodworking Facilities is adopted in its entirety with the following amendments: (a) Section 2801.2 Permit is hereby revised as follows: Ordinance No. NS-XXXX Page 18 of 29 11 B-18 2801.2 Permit. Permits shall be required as set forth in Section 105.6. and 105.6.29. (b) Section 2808.2 Storage site is hereby revised as follows: 2808.2 Storage site. Storage sites shall be level and on solid ground, elevated soil lifts or other all-weather surface. Sites shall be thoroughly cleaned and approval obtained from the fire code official before transferring products to the site. (c) Section 2808.3 Size of piles is hereby revised as follows: 2808.3 Size of piles. Piles shall not exceed 15 feet in height, 50 feet in width and 100 feet in length. Exception: The fire code official is authorized to allow the pile size to be increased where a fire protection plan is provided for approval that includes, but is not limited to, the following: 1. Storage yard areas and materials -handling equipment selection, design and arrangement shall be based upon sound fire prevention and protection principles. 2. Factors that lead to spontaneous heating shall be identified in the plan, and control of the various factors shall be identified and implemented, including provisions for monitoring the internal condition of the pile. 3. The plan shall include means for early fire detection and reporting to the public fire department; and facilities needed by the fire department for fire extinguishment including a water supply and fire hydrants. 4. Fire apparatus access roads around the piles and access roads to the top of the piles shall be established, identified and maintained. 5. Regular yard inspections by trained personnel shall be included as part of an effective fire prevention maintenance program. Additional fire protection called for in the plan shall be provided and shall be installed in accordance with this code. The increase of the pile size shall be based upon the capabilities of the installed fire protection system and features. (d) Section 2808.4 Pile Separation is hereby added as follows: 2808.4. Pile separation. Piles shall be separated from adjacent piles by -a minimum distance of 20 feet. Additionally, piles shall have a minimum separation of 100 feet from combustible vegetation. (e) Section 2808.7 Pile fire protection is hereby revised as follows: Ordinance No. NS-XXXX 11 B-1 9 Page 19 of 29 2808.7 Pile fire protection. Automatic sprinkler protection shall be provided in conveyor tunnels and combustible enclosures that pass under a pile. Combustible conveyor systems and enclosed conveyor systems shall be equipped with an approved automatic sprinkler system. Oscillating sprinklers with a sufficient projectile reach are required to maintain a 40% to 60% moisture content and wet down burning/smoldering areas. (f) Section 2808.9 Material -handling equipment is hereby revised as follows: 2808.9 Material -handling equipment. All material handling equipment operated by an internal combustion engine shall be provided and maintained with an approved spark arrester. Approved material -handling equipment shall be available for moving wood chips, hogged material, wood fines and raw product during fire -fighting operations. (g) Section 2808.11 Temperature control, is hereby added as follows: 2808.11 Temperature control. The temperature shall be monitored and maintained as specified in Sections 2808.11.1 and 2808.11.2. (h) Section 2808.11.1 Pile temperature control, is hereby added as follows: 2808.11.1 Pile temperature control. Piles shall be rotated when the internal temperature readings are in excess of 165 degrees Fahrenheit. (i) Section 2808.11.2 New material temperature control, is hereby added as follows: 2808.11.2 New material temperature control. New loads delivered to the facility shall be inspected and tested at the facility entry prior to taking delivery. Material with temperature exceeding 165 degrees Fahrenheit shall not be accepted on the site. New loads shall be monitored to verify that the temperature remains stable. Q) Section 2808.12 Water availability is hereby added as follows: 2808.12 Water Availability. Facilities with over 2500 cubic feet shall provide a water supply. The minimum fire flow shall be no less than 500 GPM @ 20 psi for a minimum of 1 hour duration for pile heights up to 6 feet and 2 hour duration for pile heights over 6 feet. If there is no water purveyor, an alternate water supply with storage tank(s) shall be provided for fire suppression. The water supply tank(s) shall provide a minimum capacity of 2500 gallons per pile (maximum 30,000 gallons) for piles not exceeding 6 feet in height and 5000 gallons per pile (maximum 60,000) for piles exceeding 6 feet in height. Water tank(s) shall not be used for any other purpose unless the required fire flow is left in reserve within the tank at all times. An approved method shall be provided to maintain the required amount of water within the tank(s). (k) Section 2808.13 Tipping area is hereby added as follows: 2808.13 Tipping areas shall comply with the following: 1. Tipping areas shall not exceed a maximum area of 50 feet by 50 feet. Ordinance No. NSAXXX Page 20 of 29 11 B-20 2. Material within a tipping area shall not exceed 5 feet in height at any time. 3. Tipping areas shall be separated from all piles by a 20 foot wide fire access lane. 4. A fire hydrant or approved fire water supply outlet shall be located within 150 feet of all points along the perimeter of the tipping area. 5. All material within a tipping area shall be processed within 5 days of receipt. (1) Section 2808.14 Emergency Contact is hereby added as follows: 2808.14 Emergency Contact. The contact information of a responsible person or persons shall be provided to the Fire Department and shall be posted at the entrance to the facility for responding units. The responsible party should be available to respond to the business in emergency situations SECTION 26: Section 14-35 is hereby added to read as follows: Sec. 14-35. Chapter 49 Requirements for Wildland-Urban Interface Fire Areas Chapter 49 Requirements for Wildland-Urban Interface Fire Areas is adopted in its entirety with the following amendments: Section 4906.3 Requirements is hereby revised as follows: 4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structure shall be maintained in accordance with the following laws and regulations: 1. Public Resources Code, Section 4291. 2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation "General Guideline to Create Defensible Space'). 3. California Government Code, Section 51182. 4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07. 5. OCFA Guideline C-05 "Vegetation Management Guideline — Technical Design for New Construction Fuel Modification Plans and Maintenance Program." Section 4908 Fuel Modification Requirements for New Construction is hereby added as follows: 4908 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in a Wildfire Risk Area shall comply with the following: Ordinance No. NS-XXXX 11 B-21 Page 21 of 29 1. Preliminary fuel modification plans shall be submitted to and approved by the fire code official prior to or concurrently with the approval of any tentative map. 2. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit. 3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of OCFA Guideline C-05 "Vegetation Management Guideline — Technical Design for New Construction Fuel Modification Plans and Maintenance Program." 3.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification in perpetuity. 4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from the fire code official. 5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code. SECTION 27: Section 14-39 is hereby amended as follows: Sec. 14-39. - Flammable and combustible liquids (Chapter 57). Flammable and Combustible Liquids (Chapter 57) is adopted in its entirety with the exception of Section 5707 and with the following amendment: Section 5701.1.1 On -Demand Mobile fueling is added as follows: Section 5701.1.1 On -Demand Mobile fueling. On -demand mobile fueling of Class I, II, and III liquids into the fuel tanks of vehicles is prohibited. SECTION 28: Section 14-40 is hereby added as follows: Sec. 14-40. — Flammable Gases and Flammable Cryogenic Fluids (Chapter 58) Chapter 58 Flammable Gases and Flammable Cryogenic Fluids is adopted with the exception of section 5809, in its entirety and with the following amendment: Section 5801.1 Scope is revised as follows: Section 5801.1 Scope. The storage and use of flammable gases and flammable cryogenic fluids shall be in accordance with this chapter, NFPA 2 and NFPA 55. Ordinance No. NS-XXXX Page 22 of 29 11 B-22 Compressed gases shall also comply with Chapter 53 and cryogenic fluids shall also comply with Chapter 55. Flammable cryogenic fluids shall comply with Section 5806. Hydrogen motor fuel -dispensing stations and repair garages and their associated above -ground hydrogen storage systems shall also be designed, constructed and maintained in accordance with Chapter 23. Mobile fueling of gaseous and liquid hydrogen, compressed natural gas (CNG), and liquefied natural gas (LNG) into the fuel tanks of vehicles is prohibited. Exceptions: 1. Gases used as refrigerants in refrigeration systems (see Section 605). 2. Liquefied petroleum gases and natural gases regulated by Chapter 61. 3. Fuel -gas systems and appliances regulated under the California Mechanical Code and the California Plumbing Code other than gaseous hydrogen systems and appliances. 4. Pyrophoric gases in accordance with Chapter 64. SECTION 29: Section 14-41 is hereby amended to read as follows: Sec. 14-41. - Referenced standards (Chapter 80). (a) NFPA 13, 2016 Edition, Standard for the Installation of Sprinkler Systems is hereby amended as follows: (1) Section 6.7.3 is hereby amended as follows: 6.7.3 Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public hydrant. The FDC may be located within 150 feet of a private fire hydrant when approved by the fire code official. The size of piping and the number of 2'/2" inlets shall be approved by the fire code official. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red or as approved. When the fire sprinkler density design requires more than 500 gpm (including inside hose stream demand), or a standpipe system is included, four 2'/2" inlets shall be provided. (2) Section 8.3.3.1 is hereby amended as follows: 8.3.3.1. When fire sprinkler systems are installed in shell buildings of undetermined use (Spec Buildings) other than warehouses (S occupancies), fire sprinklers of the quick -response type shall be used. Use is considered undetermined if a specific tenant/occupant is not identified at the time the fire sprinkler plan is submitted. Sprinklers in light hazard occupancies shall be one of the following: 1. Quick -response type as defined in 3.6.4.8 Ordinance No. NS-XXXX 11 B-23 Page 23 of 29 2. Residential sprinklers in accordance with the requirements of 8.4.5 3. Quick response CMSA sprinklers 4. ESFR sprinklers 5. Standard -response sprinklers used for modifications or additions to existing light hazard systems equipped with standard -response sprinklers 6. Standard -response sprinklers used where individual standard -response sprinklers are replaced in existing light hazard systems (3) Section 8.15.1.2.7 is hereby added and revised as follows: 8.15.1.2.7 Concealed spaces filled with noncombustible insulation shall not require sprinkler protection when approved by the fire code official. (4) Section 11.1.1.1 is hereby added as follows: 11.1.1.1 When fire sprinkler systems are required in buildings of undetermined use other than warehouses, they shall be designed and installed to have a fire sprinkler density of not less than that required for an Ordinary Hazard Group 2 use, with no reduction(s) in density or design area. Warehouse fire sprinkler systems shall be designed to Figure 16.2.1.3.2 (d) curve "G". Use is considered undetermined if a specific tenant/occupant is not identified at the time the sprinkler plan is submitted. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the occupant to upgrade the system to the required density for the new occupancy. (5) Section 11.2.3.1.1.1 is hereby added as follows: 11.2.3.1.1.1 The available water supply for fire sprinkler system design shall be determined by one of the following methods, as approved by the Fire Code Official: 1) Subtract the project site elevation from the low water level for the appropriate pressure zone and multiply the result by 0.433; 2) Use a maximum of 40 psi, if available; 3) Utilize the Orange County Fire Authority water -flow test form/directions to document a flow test conducted by the local water agency or an approved third party licensed in the State of California. NFPA 13D 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two -Family Dwellings and Manufactured Homes is hereby amended as follows: Section 7.1.2 is hereby revised as follows: Ordinance No. NS-XXXX Page 24 of 29 11 B-24 7.1.2 The sprinkler system piping shall not have separate control valves installed unless supervised by a central station, proprietary, or remote station alarm service one of the following methods: (1) Central station, proprietary, or remote station alarm service. (2) Local alarm service that causes the sounding of an audible signal at a constantly attended location. (3) Valves that are locked open. NFPA 14, 2013 Edition, Installation of Standpipe and Hose Systems is hereby amended as follows: Section 7.3.1.1 is hereby is deleted in its entirety and replaced as follows: 7.3.1.1 Class I and III Standpipe hose connections shall be unobstructed and shall be located not less than 18 inches or more than 24 inches above the finished floor. Class II Standpipe hose connections shall be unobstructed and shall be located not less than 3 feet or more than 5 feet above the finished floor. NFPA 24, 2016 Edition, Standard for the Installation of Private Fire Service Mains and Their Appurtenances is hereby amended as follows: Section 6.2.8.1 is hereby added as follows: 6.2.8.1 All indicating valves controlling fire suppression water supplies shall be painted OSHA red. Exceptions: 1. Brass or bronze valves on sprinkler risers mounted to the exterior of the building may be left unpainted. 2. Where OS&Y valves on the detector check assembly are the only control valves, at least one OS&Y valve shall be painted red. Section 6.2.9 is hereby amended as follows: All connections to private fire service mains for fire protection systems shall be arranged in accordance with one of the following so that they can be isolated: Ordinance No. NS-XXXX 11 B-25 Page 25 of 29 (1) A post indicator valve installed not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a post indicator valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the post indicator valve. (2) A wall post indicator valve (3) An indicating valve in a pit, installed in accordance with Section 6.4 (4) A backflow preventer with at least one indicating valve not less than 40 ft (12 m) from the building (a) For buildings less than 40 ft (12 m) in height, a backflow preventer with at least one indicating valve shall be permitted to be installed closer than 40 ft (12 m) but at least as far from the building as the height of the wall facing the backflow preventer. (5) Control valves installed in a fire -rated room accessible from the exterior. (6) Control valves in a fire -rated stair enclosure accessible from the exterior. Section 10.1.5 is hereby added as follows: 10.1.5 All ferrous pipe and joints shall be polyethylene encased per AWWA C150, Method A, B, or C. All fittings shall be protected with a loose 8- mil polyethylene tube or sheet. The ends of the tube or sheet shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 304 or 316 Stainless Steel pipe and fittings Section 10.4.1.1 is hereby revised as follows: 10.4.1.1 All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion -retarding material after installation. Ordinance No. NS-XXXX Page 26 of 29 11 B-26 Exception: Bolted joint accessories made from 304 or 316 stainless steel. Section 10.4.1.1.1 is hereby added as follows: 10.4.1.1.1 All bolts used in pipe -joint assembly shall be 316 stainless steel. Section 10.4.3.2 is hereby deleted and replaced as follows: 10.4.3.2 Where approved, private fire service mains supplying systems within the building shall be permitted to extend more than 10 ft. under the building when all of the requirements of 10.4.3.2.1 through 10.4.3.2.4 are met. Where fire service mains enter the building adjacent to the foundation, the pipe may run under a building to a maximum of 24 inches, as measured from the interior face of the exterior wall to the center of the vertical pipe. The pipe under the building or building foundation shall be 304 or 316 stainless steel and shall not contain mechanical joints or it shall comply with 10.4.3.2.1 through 10.4.3.2.4. SECTION 30: Section 14-47 is hereby amended to read as follows: Sec.14-47. Appendices. Appendix A is deleted in its entirety without amendments. Appendix B is adopted in its entirety with amendments outlined in Guideline B-09. Appendix BB is adopted in its entirety without amendments. Appendix C is adopted in its entirety without amendments. Appendix CC is adopted in its entirety without amendments. Appendix D is deleted in its entirety without amendments. Appendix E is deleted in its entirety without amendments. Appendix F is deleted in its entirety without amendments. Appendix G is deleted in its entirety without amendments. Appendix H is deleted in its entirety without amendments. Appendix I is deleted in its entirety without amendments. Ordinance No. NS-XXXX 11 B-27 Page 27 of 29 Appendix J is deleted in its entirety without amendments. Appendix K is deleted in its entirety without amendments. Appendix L is deleted in its entirety without amendments. Appendix M is deleted in its entirety without amendments. Appendix N is deleted in its entirety without amendments. Appendix O is deleted in its entirety without amendments. SECTION 31: All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. SECTION 32: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation or ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations there under appertaining shall continue in full force and effect. SECTION 33: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this _ day of December, 2019 Miguel A. Pulido Mayor Ordinance No. NS-X-)= Page 28 of 29 11 B-28 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:, �� Lisa Storck Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on December , 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXXX 11 B-29 Page 29 of 29 11 B-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: RECEIVE AND FILE CANNABIS PUBLIC BENEFIT FUND FOR YOUTH SERVICES INFORMATIONAL REPORT {STRATEGIC PLAN NO. 2,2) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and file Cannabis Public Fund for Youth Services informational report. DISCUSSION In December 2018, the City Council adopted Ordinance NS-2959, establishing a Cannabis Public Benefit Fund, requiring two-thirds of retail and commercial cannabis tax revenue to be set aside, of which one-third to be set aside for enforcement services and one-third to be set -aside for youth services. The approved Fiscal Year (FY) 2019-20 expenditure budget in the Cannabis Public Benefit Fund (Fund no. 12) appropriation for youth services is $3,076,650. On June 18, 2019, the City Council requested that City staff work with the Youth Commission to help program the funds appropriated for youth services. On September 17, 2019, the City Council approved the transfer of $1 million from the General Fund to the Cannabis Public Benefit Fund for youth services. Total FY 2019-20 funding for youth services is $4,076,650. However, the $1 million recently added is non- recurring money and should be programmed for non -recurring projects/programs. Youth Commission Input At the July 19, 2019 Youth Commission meeting, the commission discussed and provided input to help program the cannabis revenue appropriated for youth services. The commission listened to public comments regarding ideas to utilize the cannabis revenue that included the following youth services: • Cultural programs, housing for at -risk youth, and teen mom education • Counseling programs, rehabilitation programs and purchasing computers and laptops for college students • Mental health and medical programs • Book mobile program with Wi-Fi capabilities The commissioners' suggestions included paid youth internships and a college night for students. Although suggestions were made throughout the meeting, no formal action regarding the use of the funding was made. At the August 16, 2019 Youth Commission meeting, the commission created an Ad -Hoc Committee for Cannabis Funding, consisting of five commissioners to discuss recommendations for youth services. 19C-1 Receive and File: Cannabis Public Benefit Fund for Youth Services Informational Report December 17, 2019 Page 2 On November 15, 2019, the Ad -Hoc Committee reported it had not been able to meet and had no report to provide. The next Youth Commission meeting is December 20, 2019 and City staff is recommending the commission take official action to provide recommendations for youth services and/or agree with the recommendations below. Book/Tech Mobile • Provide mobile library services to meet the changing community needs by serving people where they live, learn, work and play. Mobile services will provide critical access to library material, programming and technology. • One-time funding needed to purchase vehicle, either a van or bookmobile (included in year one total). • Ongoing funding needed for staffing, materials, maintenance of vehicle, etc. YEAR FUNDING NEEDED TIMELINE 1 Van $350,000 FY 2020-21 Bookmobile $700,000 2 Van $200,000 FY 2021-22 Bookmobile $400,000 3 Van $200,000 FY 2022-23 Bookmobile $400,000 2. Santa Ana Community Connections: The Zoo & You • A new program at the zoo for Santa Ana youth of different age groups, including toddlers, elementary school, middle school and high school students, that will enhance the direct connections between the community and the zoo through programs introducing youths to nature (Exhibit 1). A cohesive series of sustainable programs creates a pathway for individuals in our diverse community towards lifelong learning and environmental awareness. • The zoo mobile will accommodate this program along with a volunteering component, field trip, zoo summer camp, and parent participation for the toddlers. • One-time funding needed for a "smart" board for the classroom, a dedicated outreach vehicle, and a permanent sound system for amphitheater (included in year one total). YEAR FUNDING NEEDED TIMELINE 1 $402,000 FY 2020-21 2 $572,656 FY 2021-22 3 $586,887 FY 2022-23 19C-2 Receive and File: Cannabis Public Benefit Fund for Youth Services Informational Report December 17, 2019 Page 3 3. Expand Newhope Branch Library Operations and Services Completed Items: • Purchase new books to refresh the youth collection area and accommodate multiple languages. • Purchase Wi-Fi hot spots for the community to utilize. In Progress: • Paint outside of building/sign. Refresh landscaping in front of building. • Renovate youth learning center area of the library. • Repurpose craft room storage to a useable space for youth and teen activities. • Provide consistent youth programming and events. . One-time funding needed for equipment, furniture and renovations (included in year one total). • Dedicate one full time library staff to operate the facility first quarter 2020. . Increase operating hours from 27 to 48 per week, open Monday through Saturday first quarter 2020. Ongoing funding needed for staffing and materials. YEAR FUNDING NEEDED TIMELINE 1 $376,000 FY 2019-20 2 $110,000 FY 2020-21 3 $110, 000 FY 2021-22 4. Installation of synthetic turf and sports lighting at Dan Young Soccer Complex (DYSC) • DYSC Complex Field #1 is a natural turf field without sports lighting. Play is limited to day light hours and only 20 hours per week to preserve the natural turf condition. Even with this limited usage, the turf shows signs of stress and wear. • One-time funding needed for the installation of the synthetic turf that has a warranty for 8 to 10 years and sports lighting. YEAR FUNDING NEEDED TIMELINE 1 $3,114,000 FY 2021-22 5. Year -Round Aquatic Programming at Memorial Pool — starting March 2020 • Year-round aquatics will provide additional opportunities for youth in our community to be safer in the water and stay physically active. • The enhanced hours of operation (9 a.m. to 9 p.m.) will expand and diversify aquatic recreational and instructional opportunities that include, but are not limited to water polo, mommy & me swim classes, lap swim, recreational swim, swim lessons and swim team. • One-time funding needed for pool covers and lane lines (including in year one total). 19C-3 Receive and File: Cannabis Public Benefit Fund for Youth Services Informational Report December 17, 2019 Page 4 Ongoing funding needed for contracted services, utilities, and maintenance and supplies. YEAR FUNDING NEEDED TIMELINE 1 $183,000 FY 2020-21 2 $95,000 FY 2021-22 3 $95,000 FY 2022-23 6. Youth and Teen Excursions — starting February 2020 Monthly excursions (12 total) free of charge for Santa Ana youth and teens (ages 10-14). Ongoing funding needed for staff, transportation (bus), t-shirts, admission, and supplies. YEAR FUNDING NEEDED TIMELINE 1 $184,000 FY 2020-21 2 $184,000 FY 2021-22 3 $184,000 FY 2022-23 7. Anti -Drug Education — starting Spring 2020 • Work with other agencies in partnership to offer anti -drug education programs to the community. • Ongoing funding needed for staffing, curriculum and supplies. YEAR FUNDING NEEDED TIMELINE 1 $60,000 FY 2020-21 2 $60,000 FY 2021-22 3 $60,000 FY 2022-23 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #2 — Youth, Education, Recreation, Objective #2 (Expand youth programming). FISCAL IMPACT There is no fiscal impact associated with this action. City staff will return to the City Council to award agreements and purchase orders associated with the implementation of the above plan. Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Community Connections: The Zoo & You 19C-4 Santa Ana O AT PRENTICE PARK PRESENTS ♦ #40 s go*- 0 oMMuMITY DONNE � THE ZOOvrji r Programming for early childhood learners, elementary -age students, middle school youth, and family groups. 19C-5 CONTACT US SANTA ANA ZOO 1801 E Chestnut Ave, Santa Ana, CA 92) Education department Phone: (714) 647-6573 Email: Lauren Bergh - Education Special LBergh@santa-ana.org www.santaanazoo.org 19C-6 EXECUTIVE SUMMARY Santa Ana Zoo at Prentice Park and the Parks, Recreation, and Community Services Agency (PRCSA) propose Community Connections: The Zoo & You as a means of providing science education for over 20,000 local youth on an annual basis. Today, the Zoo and its partners are limited in their reach, but the potential exists for a comprehensive environmental literacy network within the city that will increase academic success in science, advance connections to nature, and promote environmental stewardship. This project aims to make direct connections with youth at specific points in their development. Programming will be tailored for early childhood learners, elementary - age students at several levels, middle school youth, and family groups. Santa Ana Zoo and its partners will coordinate efforts around a complete scope and sequence of programming, designed using age -appropriate developmental best practices and based on pedagogical theory, which provide much -needed education in science content knowledge and skills. By integrating the Zoo's curricula into programs presented through the public schools and other community organizations, this project helps the informal science learning ecosystem in Santa Ana flourish. Through Community Connections: The Zoo & You, youth in Santa Ana will have many more opportunities to become part of the science learning ecosystem. This timeline for this proposal spans three years of partner formation, curriculum and program design, resource development, and capacity -building. A comprehensive evaluation strategy will accompany the program throughout development and implementation, with a summary report of key findings and recommendations. 19C-7 PURPOSE Santa Ana Zoo at Prentice Park and the Parks, Recreation, and Community Services Agency (PRCSA) propose this multi -year plan to improve the availability of science education for local youth in order to provide them with opportunities to make academic strides and to instill a love for the environment that will translate into civic -minded leadership as they develop into lifelong learners. The Zoo's mission reads: "The Santa Ana Zoo, through fun, adventure and learning, empowers the community to save wildlife and wild places.' The proposed project, titled Community Connections: The Zoo & You is aligned with that mission and extendsthe Zoo's resources to youth most in need of science learning experiences that inspire them to explore nature, build scientific inquiry skills, expand their knowledge around scientific principles, increase their confidence in understanding science content, and see themselves as environmental stewards. Building off of existing programmatic pieces, this project greatly expands the Zoo's reach and creates a cohesive series of learning experiences. In collaboration with like-minded community organizations, Santa Ana Zoo will create and deliver youth programming focused on science and environmental education. This comprehensive environmental literacy program will establish the Santa Ana Zoo as a municipal centerfor environmental education and provide much -needed education in science content knowledge and skills. Programs will target youth from early childhood through age fourteen, with a particular focus on families lacking easy access to informal science learning experiences. A complete scope and sequence of programm inglwil I present local youth with the potential for multiple opportunities for science touchpoints throughout their childhood. Funding of this projectwill allow Santa Ana Zoo to increase its reach from approximately 5,000 youth to over 20,000 annually. 1. Ascope and sequence is a list of all the ideas, concepts and topics that will be covered in the lesson plans within a cumiculunn. 19C-8 BENEFITS OF INFORMAL SCIENCE EDUCATION TO THE LOCAL COMMUNITY Research shows that the majority of science learning occurs outside of the formal classroom.2 Museums, parks, nature centers, zoos and aquariums, and science centers contribute significantly to teaching the public about scientific phenomena and involving people of all ages in activities that support science literacy. The city of Santa Ana lacks access to science -based activities and programs in the community and most families are not engaged in hands-on science activities at home. From a demographic standpoint, Santa Ana youth are disadvantaged in the area of education in general, and science in particular. According to July 2018 population estimates, the racial/ethnic make-up Santa Ana is approximately 44% white/non-Hispanic; 12% Asian; and 1% black/African American; with approximately 77% Latino or Hispanic. Around 20% of the population falls below the federal poverty line.3 Santa Ana racial/ethnic make-up 77% Latino or Hispanic IR_�qq 10% White 1% Black/African American During the 2017-2018 school year (most recent data available), over 80% of students enrolled in Santa Ana public schools came from socioeconomically disadvantaged homes.4 The percentage of students who dropout of school before graduating from high school is 44%, the highest drop -out rate in this region of California.s Besides the Santa Ana Zoo, there are few organizations in the area that provide opportunities for science education. While these organizations are excellent resources for the community, their reach is not wide enough to create the impact that the residents of Santa Ana deserve. Santa Ana Zoo proposes to involve these and other like-minded organizations in the development and delivery of programs included in this project, thereby increasing access to science education and environmental literacy for many more youth. USGS science for a changing world The Zoo already fosters a unique partnership with US Geological Survey (USGS), with the Zoo serving as one of the USGS's field stations. Senior scientists from USGS work in dedicated research labs located on the Zoo grounds, focusing on southern California wildlife such as the mountain yellow legged frog, western pond turtles, rubber boas, and golden eagles. Current research questions explore, for example, how habitat disturbance and roadways affect the distribution of wildlife. In return for access to space at the Zoo, USGS staff participate in Zoo events such as Party for the Planet. Zoo volunteers sometimes assist USGS staff with field work. 2.Falk, J.&L. Dierking(2010). The 95 Percent Solution, School is not where mostAmerican 4. Education Data Partnership. Retrieved 2019-10-07fmmhttp://wmw.ed-data.org/ learn most of their serene.Amencan Scientist (Vol 98)pp. 486-493. district/Orange/Santa-Ana-Unified 3. United States Census Bureau. Quick facts: Santa Ana, California. Retrieved 2019-17/� Santa Ana, California. Retrieved 2019-IP07from https://vv✓ua. from https://w.cemusZm/guickfads/santaanacityralifornia CToN/rGharts: MM// dRISSW,,Vt�arts.com/Califomia/Education/Santa-Ana-city-CA-Education-datodburl g SAM0. PNq PUBtl�4BRPBY The Santa Ana Public Library has two library locations that cater to children, youth, and their families, offering a range of services and resources such as computer access, storyti mes, and a Teen Center. The Santa Ana Unified School District (SAUSD) is the second largest school district in Orange County, with 57 total buildings serving approximately 53,000 students in its K through 12 schools.6 SAUSD is an important project partner, especially for the programs designed specifically for elementary -age students which will be delivered through the school system. With partnerships such as these, Santa Ana Zoo and its collaborators will contribute to the region's "learning ecosystem", a phrase used in education research to describe "the dynamic interaction among individual learners, diverse settings where learning occurs, and the community and culture in which they are embedded"7In a learning ecosystem, children are placed at the center of a model that considers many different educational o- One of three locations managed by the Discovery Science Foundation, Discovery Cube OC is a children's science museum that uses science -based programs and exhibits to inspire enthusiasm for science. The City of Santa Ana Parks, Recreation, and Community Services Agency offers a fami ly-friend ly commu nity garden program, as well as a variety of youth classes that could be potentially be expanded to include more science -focused content. The Santiago Park Nature Center, which includes access to a stream, could serve as an ideal location to host some of the programs. influences, such as schools, libraries, families, museums, and zoos. Connections between these centers of learning and the range of learning opportunities presented, along with a child's prior experiences, are all part of the learning ecosystem. By integrating the Zoo's curricula into programs presented through the public schools and other community organizations, this project helps the informal science learning ecosystem in Santa Ana flourish. 6. Santa Ana Unified School District- District Overview. Retrieved 2019-10-19 from 7. National Research council(2015). Identifying and Supporting Productive STEM https://w ..sausd.us/Pa&/5 Programs in Out -of -school Settings.Washington, DC: The National Academies Press. Retrieved 2019-10-01 from https:/M i.org/10. 17226/21740. 19C-10 `x V OVERVIEW OF RESEARCH ON INFORMAL SCIENCE LEARNING AS IT APPLIES TO THE PRACTICE OF ZOO EDUCATION Studies bythe National Research Counci I show that science science education is gained when young people experience education outside of schools is most productive when it: • Provides intellectually and socio-emotionally rich first- hand experiences with STEM (Science, Technology, Engineering, and Math) • Leverages audience interests, experiences, and cultural resources • Makes explicit connections across settings8 This project will incorporate each of these recommendations in the development of curricula to ensure that youth receive the greatest benefit from the programming offered. The National Research Council report also emphasizes that science learning develops "over time and across settings.' In other words, a single science education program - no matter howwell crafted and delivered - is unlikelyto have a significant impact on a child's general science knowledge or environmental literacy skills. Rather, the true value of multiple touchpoints, in various settings and over a long period of time, which accumulate into meaningful science learning. When children are exposed to dynamic science education opportunities overtime, however, the result is: • Increased interest in and understanding of science • Strengthened connections to adult role models in science fields • Reduction in the achievement gap between low- and high -income families9 Given the need for multiple learning opportunities in order to achieve the intended impact, this program is intentionally designed to provide touchpoints across time and place. A complete scope and sequence of programming will be outlined, with overlapping goals and objectives that scaffold together i nto a comprehensive science education. 8. National Research Coumi 1(2015). Identifying and Supporting Productive STEM 9. National Reseamh Cound 1(2015). Identifying and Supporting Productive STEM Programs in Out -of -School settings.Washington, DC: The National Academies Press. Programs in Out -of -School settings. Washington, DC: The National Academies Press. Rettleved2019-10-01fmmhttps://doi.org/10.17226/21740. 9 J11n*1�19-1001fmmhdp://doi.org/10.17226/21740. TARGET AUDIENCES This project aims to make direct connections with youth at specific points in their development. Programming will be tailored for early childhood learners, elementary -age students at several levels, middle school youth, and family groups. Childhood Elementary- 19C-12 EARLY CHILDHOOD LEARNERS (INFANTS, TODDLERS, PRESCHOOLERS) Early Childhood Learners (infants, toddlers, preschoolers) Early childhood learners (infants, toddlers, and preschoolers) are targeted - along with their caregivers - as the ideal audience for positive nature experiences. Research shows that time in nature during childhood and role models who care for nature are the two biggest factors that contribute to environmental stewardship in adulthood.bo Programming for early childhood will therefore focus on unstructured nature play where families are invited to engage together in basic scientific exploration. Infanthood is not too early to begin developing these skills. From birth to eighteen months of age, children experience significant developmental milestones that form the basis for later cognitive abilities. Executive functions related to attention, memory, self-control, and mental flexibility all begin to develop between six and eighteen months, as infants actively explore the world with all of their senses." Sense -based exploration continues during toddlerhood (18-36 months), as children experiment with the natural world to discover how things work. During this period of growth and development, nature -based activities lend themselves perfectly to practicing executive functions that ultimately lead to scientific inquiry skills. Without a lot of unstructured nature play opportunities available in traditional preschools, this is an area where the Zoo and its partners could provide important experiences for toddlers and teach caregivers how to facilitate more of such opportunities. In early childhood (ages 3-6 years), a key ingredient for teaching environmental literacy is the development of empathy for others. With a natural affinity for animals, children at this stage can be encouraged to show empathy for the biological world. Cultivating a sense of connectedness with nature in childhood forms the foundation for environmental behaviors later in life.1z Programs presented to this audience will incorporate best practices for fostering empathy using animals, providing youngsters with opportunities to directly interact with animals, recognize the needs of animals, compare and contrast animal experiences with their own, and engage in other empathy -building skills that underpin an interest in wildlife conservation.13 By providing families with touchpoints throughout this early phase of children's lives, Community Connections establishes the necessary groundwork for later science knowledge and environmental literacy skills. 10. Chawla,L.;&Derr,V(2012). The development of conservation behaviors in childhood and 12 Sobel, D. (2008). Childhood and nature Design principles for educators. Portland, ME: youth. In Clayton, C. (Ed) The Oxford Hardbookof Ewimnmental and Conservation Stenhouse Publishers. Psychology; and, Chawla,L.;&Cushing,D.F.(2007). Education for strategicenvironmental 13. Seattle Aquarium. Best Practices for Developing Empathy toward Wildlife. behaviour.Envimnmental Education Research,13;4,437-45. ``` ��. J 11D'Amore, Chi am, Wth C. Charles and R.Low (2015). Thrivingthrough Nature rostti���� �± Children's Executive Funation Skills Children and Nature Netvmric 1 PROGRAMS FOR EARLY CHILDHOOD LEARNERS "Parent and Me" Nature Play REACH POTENTIAL : 900 PEOPLE Early -childhood programs will include a "Parent and Me" Nature Play class that incorporates unstructured nature play and is based on the existing Growing Up Wild curriculum. Designed for young children ages birth to 5 years old, this program will use First 5 and early learning principles to build skills and comfort with the natural environment for our littlest residents and their guardians. Young children will have their first experiences in nature at the zoo with guided free play and introductions to animal friends. Parents and guardians will learn strategies and activities to get their children outside in a safe and educational setting. 19C-14 ELEMENTARY -AGE STUDENTS (KINDERGARTEN THROUGH 5TH GRADE) Elementary -age Students (Kindergarten through 5th grade) At the elementary -age level, this program supports science education at three distinct points: Kindergarten, 3rd grade, and 5th grade. By partnering with Santa Ana public schools, this program brings quality science programming to students as part oftheirformal classroom learning. Targeting Kindergartners sets a solid foundation on which to build science inquiry skills.The Next Generation Science Standards for Kindergarten include cross -cutting concepts of patterns; cause and effect; systems and system models; and the interdependence of science, engineering, and technology. The influence of science and technology on society and the natural world are called out as organizing concepts for these disciplinary core ideas. By presenting Kindergartners with programming at the Zoo that supports learning in these areas, this project connects classroom learning with out -of -school learning in ways that promote science knowledge and environmental literacy skills. During the 3rd grade, students are expected to continue with the same cross -cutting concepts but at a higher cognitive level. At this stage, the Next Generation Science Standards focus on asking questions and defining problems; developing and using models, planning and carrying out investigations, analyzing and interpreting data, constructing explanations and designing solutions, 14. National Research council(2015). IdentifyiWand SWPortrM Productive STEM Programs in Outof-Sohool Settings Washington, a: The National Aea&rnies Press. Retrieved 2019-10 01 from hftps.//doi.org/10.17226/21740. engaging in argument from evidence, and obtaining, evaluating, and communicating information. Programming for this grade will be presented in the classroom, bringing educators from the Zoo and partner organizations to the schools to engage students in applyingthese skills towards real -world examples. Research on youth in science shows that girls at this age are frequently treated as less capable than boys14;therefore,an importantfocus for programming at this stage will be fostering confidence among girls in their abilityto master science content and skills. Finally, in their 5th grade year, students will return to the Zoo for a culminating experience that addresses the Next Generation Science Standards for this level, including the cross -cutting concepts of patterns; cause and effect; scale, proportion, and quantity; energy and matter; and systems and systems models. Programming may include the NGSS 5th grade performance expectations of developing and using models, planning and carrying out investigations, analyzing and interpreting data, using mathematics and computational thinking, engaging in argument from evidence, and obtaining, evaluating, and communicating information. By involving students at each of these touchpoints throughout their elementary school years, Community Connections program addresses an important gap in science knowledge and environmental literacyskills. 19C-15 PROGRAMS FOR ELEMENTARY -AGE STUDENTS Zoo Explorer and Junior Explorer Programs REACH POTENTIAL 12,000+ STUDENTS Through the Zoo Explorer and Junior Explorer Programs students in pre-K through 2nd grades will visit the Zoo for a Common Core and Next Generation Science Standards based program centered around a story and animal adaptations. Ambassador animals and exhibit animals are living subjects for students to observe and learn about animal adaptations, habitats and interrelationships between animals and people. Current programs book to near capacity; additional capacity specifically for SAUSD schools can be created with additional staffing. This program hasthe potential to reach over 12,000 students. Summer Camp REACH POTENTIAL 1,000+ STUDENTS A Summer Camp (day camp) that builds on an existing program in partnership with Discovery Cube will guarantee spots and scholarships for Santa Ana youth in Kindergarten through 5th grades with optional before and after program care, making the program more accessible to our community. The exploration of partnerships for transportation, such as with OCTA for free/discounted bus passes would greatly increase accessibility. This program could support approximately 1,000 students. EVERY INDIVIDUAL MATTERS. EVERY INDIVIDUAL HAS A ROLE TO PLAY. EVERY INDIVIDUAL MAKES A DIFFERENCE. - JANE GOODALL 19C-16 PROGRAMS FOR ELEMENTARY -AGE STUDENTS 1*- The Zoomobile REACH POTENTIAL 3,575 STUDENTS The Zoomobile program will be specifically designed for SAUSD 3rd grade students, directly connecting to Next Generation Science Standards and STEM principles. Through Zoomobile, the Zoo brings live animals from the Zoo into Santa Ana classrooms. Students learn about life cycles, evolution and genetics from observing and interacting with live subjects. This program alone will reach 3,575 students. Lab Program REACH POTENTIAL d 4,000 STUDENTS In this on -site Lab Program, 5th grade students visit the zoo for a lab -style program focused on conservation and actions they can take as individuals and a community. Labs provide opportunities for in-depth study of animal habitats, physical characteristics, and the interrelationships between animals, humans and the environment. Direct connections to Next Generation Science Standards and STEM principles complement what students are learning from their classroom teachers. This program could reach approximately4,000 students. MIDDLE SCHOOL YOUTH (PRE -TEEN AND TEENS IN 6TH THROUGH 8TH GRADE) Effective science education for pre -teens and teens must focus on real -world application and offer opportunities for critical thinking and decision -making activities. Programming for this level will follow the National Science Teachers Association (NSTA) recommendationsts, including. 0 V CURIOSITY Nurture curiosity about the natural world and including opportunities to engage in science and engineering practices. GROUP LEARNING Incorporate independent and cooperative group learning experiences during the study of science, and integrate science with other curriculum subjects in a multidisciplinary approach, such as through theme -based learning. UNDERSTANDING Foster the development of a scientific mindset and an understanding of the nature of science. CRITICAL THINKING Encourage the development of critical thinking and communication skills and the sharing of ideas and results with peers. 15. NSTA Position Statement: Science Education for Middle Level Students. Retrieved 2019,08-01 fmm hftps://v..nAa.oT/abouf/positions/middicie l.mp 19C-18 @ ENGAGEMENT Engage students in laboratory investigations. 41 REAL WORLD APPLICATION Provide opportunities for application to real world problems and authentic situations. PRE -TEENS AND TEENS DEVELOPMENTAL BEST PRACTICES Targeting pre -teens and teens is important because these youth are seeking involvement in their community, looking for relevance in their education, and formulating their career paths. Most pre -teens and teens in Santa Ana do not come from families where science is emphasized or have role models at home who can guide them to study a science field. Community Connections programs can provide these youth with mentors and real -life experiences that enable them to develop an awareness of science - based careers and an understanding of how science is relevant to their lives. Place -based learning opportunities such as inspiring speakers, analysis of authentic data, and involvement in community -based issues offer ways for them to apply content and skills learned in science class to explain phenomena, create models, and design solutions to real -world problems. 19C-19 PROGRAMS FOR MIDDLE SCHOOL YOUTH Teen Program REACH POTENTIAL SEVERAL HUNDRED STUDENTS ANNUALLY A regularly occurring Teen Program for pre -teens and teens in 6th through 8th grades will introduce participants to conservation projects and career opportunities. Through monthly meetings, this cohort will investigate specific conservation projects (such as anteater or tamarin conservation), meet professionals in the field (building on new and existing partnerships such as with USGS) and build individual skills. Participants would also be able to apply for positions as zoo camp assistants and leaders, passing their knowledge on to youngerguests. This program could involve several hundred teens annually. Volunteer Opportunities REACH POTENTIAL SEVERAL HUNDRED TEENS ANNUALLY A number of existing and new volunteer opportunities will be offered for teens and young adults ages 14 and up, ranging from visitor services to exhibit interpretation and facilitating animal interactions. Participants complete City of Santa Ana Volunteer requirements, develop skills appropriate for listing on a resume (such as customer service) and develop their own passion for communication about animal and conservation to the general public. This program could involve several hundred teens and young adults annually. PROGRAMS FOR FAMILIES Night-time Expeditions REACH POTENTIAL HUNDREDS OF FAMILIES ANNUALLY A new Night-time Expeditions program featuring after- hours exploration of zoo animals will be offered for families. Flashlight tours will showcase nocturnal animals and their adaptations while raising awareness of local wildlife. Early morning programs will feature animal care and welfare. Programs would be subsidized for Santa Ana residents. This program could support hundreds of families each year. it Community Outreach Programs REACH POTENTIAL THOUSANDS OF RESIDENTS New Community Outreach Programs will raise community awareness of local and exotic wildlife through a variety of interactions with the Zoo at community based events. A dedicated outreach vehicle with supplies for interactive activities, audiovisual capabilities and safe animal transportation/exhibition will provide flexibility for presenting programs toyouth and thegeneral public where they are and at their level. A truly "mobile zoo', one vehicle and dedicated staff will bring the Zoo to the community, increasing accessibility to information about wildlife, habitats, and building environmental awareness. This program hasthe potential to reach thousands of residents. CRUCIAL TO SCIENCE EDUCATION IS HANDS-ON INVOLVEMENT: SHOWING, NOT JUST TELLING; REAL EXPERIMENTS AND FIELD TRIPS AND NOT JUST "VIRTUAL REALITY". vo - MARTIN REES 19C-21 Parent & Me Nature Play Early Childhood Learners Teen Program Middle School Youth CURRENT REACH: = 5,000 POTENTIAL REACH: > 20,000 :mn:mo�m_.m.'h Zoomobile Summer Camp Volunteer Program Community Outreach Programs Elementary - age Students Families Lab Program Zoo Explorer & JR Explorer Night-time Expeditions Santiago Park Nature Reserve g SANW ANA PUBpC4BRARY POSSIBLE PARTNER ORGANIZATIONS Early Childhood Learners DiscoveryCube ORANGE COUNTY aQUSGS science for a changing world Families Elementary - age Students Middle School Youth 19C-23 DEVELOPMENTAL APPROPRIATENESS THEORY The concept for this project is to present Santa Ana youth with multiple entry points into science education. At each level, programming will be developed around three criteria known to produce positive outcomes for learners: they are engaging, responsive, and make connections.16 In developing the curriculum for these programs, Santa Ana Zoo will follow the recommended criteria for engaging, responding, and connecting with young people. This includes allowing for first-hand experiences with science phenomena and materials (e.g., caring for animals at the zoo; data collection activities; tabletop investigations; visits to parts of the zoo where they can make observations). As well, it means engaging in the practices of doing science (e.g, asking questions, defining problems, using models, carrying out investigations, analyzing and interpreting data; using mathematics and computational thinking; constructing explanations and designing solutions; engaging in argument from evidence; and obtaining, evaluating, and communicating information.1J) This trifecta of STEM education is further described with the following specifics: Programs engage young people intellectually, academically, socially, and emotionally. • provides first-hand experiences with phenomena and materials • engages young people in sustained STEM practices • establishes a supportive learning community • programs respond to young people's interests, experiences, and cultural practices • positions STEM as socially meaningful and culturally relevant • supportsyoung people to collaborate and to take on leadership roles in STEM learning activities • positions staff as co -investigators and learners alongside young people • programs connect STEM learning in out -of -school, school, home, and other settings • connects learning experiences across settings • leverages community resources and partnerships • actively brokers additional STEM learning opportunities 16. National Research Council(2015). Identifying and Supporting Productive STEM 17. National Research Council(2015). Identifyi ng and Supporting Productive STEM Programs in Out -of -School Settings.Washington, DC: The National Academies Press. Programs in Out -of -School Settings. Washington, DC: The National Academies Press. RHrieved 2019-1"1 from https://doi.org/10. 17226/21740. RMne d2019-10-0I from https9/doi.org/10.17226/21740. 19C-24 CURRICULUM FOR PROGRAMS Curriculum for programs targeting earlychildhood learners (infants /toddlers / preschoolers with their caregivers) will be designed using the NAAEE Guidelines for Excellence in Early Childhood Education and other best practices resources available through the Nature StartAlliance and the Children and Nature Network. These include: • a focus on nature and the environment • authentic experiences • child -directed and inquiry -based experiences • curiosityand questioning • opportunities to observe and understand earth systems • opportunities to observe and understand the living environment • an emphasis on children's sense of place • skills for understanding the environment • opportunitiesto observe, investigate, and analyze • opportunities that help children develop abilities to collect, describe, and record information • a personal sense of responsibility and caring • opportunities for extensive positive interactions with nature • modeling environmental sustainability and providing positive examples Curriculum for programs targeting elementary school age learners (Kindergarten, 3rd graders, and 5th graders, with their teachers) will be designed in partnership with public school partners. Programming will begin with bringing students to the Zoo during their Kindergarten year, continue by connecting with students in their classrooms as partof their 3rd grade curriculum, and extend by inviting students back to the Zoo for a culminating experience du ring thei r 5th grade year. 19C-25 CURRICULUM ELEMENTS Curriculum elements will be developed using the NAAEE K-12 Environmental Education Guidelines for Excellence and other best practices resources available through Project WILD, Project WET, and Next Generation Science Standards. These include: • Questioning,Analysis, and Interpretation Skills o Questioning o Designing investigations o Collecting information o Evaluating accuracy and reliability o Organizing and analyzing information o Working with models and simulations o Drawing conclusions and developing explanations • Earth's physical and living systems • Environment and society o Human -environment interactions o Resource distribution and consumption o Places o Change and conflict • Skills for understanding and addressing environmental issues o Identifying and investigating issues o Sorting out the consequences of issues o Identifying and critiquing alternative solutions and courses of action o Workingwith flexibility, creativity, and openness • Decision-makingandactionskills o Formingand evaluating personal views o Evaluating the need foraction o Planning andtakingaction o Evaluatingthe results of actions • Personal and Civic Responsibility o Recognizing rights and responsibilities o Recognizing efficacy and developing agency o Accepting personal responsibility Curriculum for programs targeting middle school age learners (pre -teens / teens in 6th through 8th grades) will involve youth in a variety of on -site opportunities designed to bridge their earlier school -based experiences with the Zoo's animal collection and science content with real -world conservation actions. This could include an in- depth animal behavior and wildlife observation course; assisting USGS with head -starting mountain yellow legged frogs; and investigating urban wildlife such as coyotes, raccoons, and opossums. A lab -based program focusing on different animals each session is another possibility. As students graduate out of this series of programs, they will be well-equipped to enterthe Zoo's existingteen volunteer program, available for ages 14 and up in the areas of education and animal care. Individually and collectively, all of these touchpoints will contribute to chi Id ren's lifelong learning in science, inspiring curiosity about the world, fostering creative thinking and problem solving, and encouraging collaborative learning. 19C-26 CASE STUDIES Several case studies of similar award -winning programs conducted at AZA-accredited zoos and aquariums The model of community -based outreach to deliver science education has been successfully implemented at other zoos around the country, with award -winning results. For example, the Western North Carolina Nature Center received the Association of Zoos and Aquariums' (AZA) 2018 Top Honors in Education Award for their education program targeting low income audiences. The WNC Nature Center developed the Targeted Low Income Outreach Education program in response to growing demand from the community. Low-income schools, Head Start locations, retirement centers, after - school programs, libraries, and others stated admissions fees and travel logistics/costs were too high to make a WNC Nature Center visit possible. "We do outreach as a service to our community. It's a way to share our mission and educational goals with people who can't come to us;' said WNC Nature Center Director Chris Gentile. "Over the last two years, we've learned the number of people who can't visit our site is greater than we originally thought. This year, were looking to reach around 10,000 students, preschools, retirees, and other community members"" 18. McDaniel, Polly. (@tober 16,2019) WNC Nature Center's Education Program rxogniwdwithnationalaward.Retrieed IP21-19 from https://w ashevillenrgoy 19. AZA News Release (September 18,2019) AsoriationofZoos&Aquariums Announms 2019 Ebnors and Awards Recipients. The Houston Zoo was awarded the AZA's 2019 Top Honors in Education Award forthei r education program connecting the Zoo with Houston area schools. In the Houston Zoo School Partnership Program, the Zoo interacts with each school partner mu Itiple times a year, over many years. This model of allowing multiple touchpoints has been proven effective in helping students feel connected to nature and feel confident and motivated to take action to help reduce threats to wildlife.19 Vancouver Aquarium created the AquaVan, a mobile unit that delivers science programs to schools and community centers, offering up -close experiences with aquatic animals and opportunities to learn about the natural environment. The AquaVan 150: Connecting Communities to Coastlines project received the AZA 2018 Innovation in Education Award, demonstrating that a 32-foot truck housing marine invertebrates and stopping at 150+ schools, camps, and community events each year can help students gai n a better understanding of ecosystems, regional environmental issues, and STEM concepts. 19C-27 EVALUATION STRATEGY A comprehensive evaluation strategy will accompany the program throughout development and implementation. In the first phase, front-end evaluation methods such as gap analysis and community surveys wil I identify specific areas of content for the curriculum components. As curriculum components are rolled out, pilot testing during the formative evaluation stage will help staff gauge whether the delivery methods are working and inform modifications to content. Formative evaluation methods may include observation rubrics and interviews. After full implementation, a summative evaluation will be conducted to measure the impact of the program, assessing the extent to which specific goals and outcomes were met. Summative evaluation methods may include participant surveys (pre and post) and partner questionnaires. Data from each stage of evaluation will be aggregated and analyzed, with a summary report of key findings and recommendations. 19C-28 STAFF Zoo Staff Currently the Zoo employs a single full-time educator and two part-time education staff. In order to launch and maintain additional programs, hiring multiple additional employees in the Education Department will be necessary. Project Advisors In order to ensure that the community's needs are addressed in ways that provide accessible and'appealing solutions to real gaps in science education, the Zoo and its partners could workjointlywith a team of Project Advisors. The Project Advisors would be established as an extension of an existing Advisory Council with whom the Zoo already communicates. The Project Advisor Team would be populated by residents from all the different wards within the City of Santa Ana and include representatives from formal education, parent groups, and local teens. Ward representatives would be recruited through PRCSA. did Education & Evaluation Consultant Designing the curriculum components, including scope and sequence of programs, will involve the expertise of an education consultant. Program evaluation will be conducted by an external evaluation consultant. 19C-29 TIMELINE FOR DEVELOPING AND DELIVERING PROGRAMS Note: This proposed timeline can be compressed or expanded depending on funding availability. A detailed timeline can be found on the following pages. YEAR 1 Year 1 wil I involve hiring and training staff, establishing clear goals and objectives for each program element, collecting resources to support program development, coordinating partnerships with community organizations and local public schools, preparing a comprehensive scope and sequenceof learninggoals and outcomes, and rolling out the first set of programs. YEAR 2 Year 2 will focus on the creation of curriculum components for school programs, pilot testing learning activities, and modifying materials, and acquiring materials to support learning activities, as well as rolling out the ZooMobile program. YEAR 3 Year 3 will continue hiring and training staff, designing cart - based activities, expanding family programs, rolling out the middle school citizen science/volunteer programs, and establishing evaluation practices. 19C-30 \E {) to to kf 51 Za Zo � � }) 49 » : ! § � w 19C- 1 �) - : 76 ) /\ E tw /}E \ \\ \\ \ /§\ ) /§\ E � * - 99C- � \ \ � )\ \ \ ( 1§C- 2 19C-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE APPROPRIATION ADJUSTMENTS TO FUND AUTHORIZED POLICE OFFICER POSITIONS APPROPRIATE FUNDING FOR OVERTIME AND UNFUNDED LIABILITY PAYMENTS PREVIOUSLY FUNDED IN THE PARKING FUND {STRATEGIC PLAN NO. 1,1i} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2111 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ ,K•�rnl►tri�.ic•� /s/Kristine Ridge FILE NUMBER CITY MANAGER 1:7xd•]LTA ILTA IAkilr1A111 IIs] kiI Authorize the funding of eighteen (18) police officer positions previously unfunded within the General Fund for an approximate annualized cost of $2,700,000. This amount includes the partial year funding of $1,312,500 proposed in action item #2. 2. Approve an appropriation adjustment to utilize General Fund balances from prior fiscal year (2018-19) in the amount of $1,312,500 to provide partial year funding for eighteen (18) authorized unfunded police officer positions in the Police Department's Field Operations accounting unit (nos. 01114420 — various) for fiscal year 2019-20. Approve an appropriation adjustment to utilize General Fund balances from prior fiscal year (2018-19) to fund $977,620 for overtime and unfunded liability expenses previously funded through the Parking Downtown Enhancements fund (Fund 027) DISCUSSION The City's Strategic Plan Strategy 1i, strives to "enhance public safety efforts by improving our employee retention efforts, and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals". The City Council has expressed its top priority to enhance public safety by reducing response times, improving the City's response to homelessness, addressing violent crime, reducing vice related crimes, and improving traffic/pedestrian safety. This hiring objective was also identified as the highest of priorities in the Police Departments Five Year 2019 — 2024 Strategic Plan. In order to provide this enhanced level of public safety services that Santa Ana community members deserve, the Police Department has made the filling of all police officer vacancies a top priority. The Western States average for populations of 250,000 residents or greater is 1.8 sworn officers per 1,000 residents. The proposed appropriation adjustment would provide the funding to fill 18 authorized police officer positions to the Police Department's current number of 348 funded 20A-1 Appropriation Adjustment to Fund Authorized Police Officers December 17, 2019 Page 2 positions, for a total of 366 sworn officers (all ranks), in order to continue to fulfill the City Council and community's police officer hiring mission. With 366 sworn officers, Santa Ana would be at 1.1 sworn officers per 1,000 residents, and will be better equipped to successfully address these community and City Council priorities. Since July 2014, the Public Safety, Code Enforcement and Neighborhood Empowerment Council Committee has requested regular recurring updates on Police Officer Hiring to stay apprised of the City's progress towards filling all police officer vacancies. The Police Department has provided regular reports on its hiring efforts, and the number of sworn officers hired and separated by calendar year. In 2019, the Department has also included this information as a component in a monthly performance metric report to the Council. In response to the direction set by the City Council, the Police Department established a goal of hiring 50 police officers in calendar 2019 by December 31, 2019. Calendar year 2019 is projected to be the best year for police officer hiring in at least the past 20 years, based on available City and Police Department Human Resources Division data. Through the tremendous efforts of the Police Department's Human Resources Division and the City's Human Resources Agency, the Police Department has hired 40 police officers in 2019 and is projecting to hire its goal of up to 50 by the end of the calendar year. The number of sworn officers has increased from 302 sworn officers in July 2014 to 348 sworn officers by the end of November 2019. In support of Police Department hiring goals, the City Council has provided the resources necessary to enhance the Police Department Human Resources and Backgrounds units to effectively attract and efficiently process police officer applicants, including: One full-time Recruitment Corporal assigned to Backgrounds unit One additional professional Background Investigator position added to FY 18/19 budget Two additional sworn Investigators assigned to the Backgrounds Unit Two contracts with outside background investigation firms implemented Monthly physical agility testing Implementation of a-Soph backgrounds unit software Enhanced social media outreach promoting the Police Department and police officer recruitment events Implementation of Hiring Expos at the Santa Ana Police Department Improved efficiencies in the Police Department HR and Backgrounds Units to speed up applicant processing On-line testing For the past two years, there have been 36 unfunded police officer positions in the Police Department. This fiscal year, the Police Department has 348 funded and 36 unfunded sworn positions, for a total of 384 sworn officers. The Police Department ran out of funded police officer positions at the end of November 2019. The Police Department is requesting funding in the amount of $1,312,500 to fund 18 of the 36 unfunded positions through the end of the 2019-20 fiscal 20A-2 Appropriation Adjustment to Fund Authorized Police Officers December 17, 2019 Page 3 year. This amount is based on an annual salary and benefits amount of $150,000 per officer, and accounts for the fact that some of the 18 officers will be employed for only a few months of the fiscal year (partial year funding). The full 12-month cost for these 18 positions would be approximately $2,700,000. Approval of this appropriation adjustment will support the City's public safety goals and ensure police officer hiring continues at the current pace, to both fill authorized vacancies and meet future anticipated attrition rates. In addition, overtime and unfunded liability pension costs associated with police officers assigned to the Downtown area are currently funded through the Parking Downtown Enhancements fund. Although the City Council approved parking structure rate increases on November 5th, these increases will not be sufficient to cover increases in operating expenditures. As such, this fund is unable to continue supporting the costs associated with overtime and unfunded liability pension costs. This will require an additional $977,620 ($422,700 in OT and $554,920 in UAL) to be allocated to the Police Department's Field Operations accounting unit (nos. 01114420 — various) and the non -departmental unfunded liability (Police) accounting unit (01105020-61103). This action will enable the Parking fund to be balanced. The grand total amount needed in Field Operations for fiscal year 2019-20 is $2,290,120. Approval of both appropriation adjustments will support the City's public safety goals, ensure police officer hiring continues at the current pace and promote the financial sustainability of non -general funds. Furthermore, no further Police Overtime or Unfunded Liability (pension costs) will be paid from the Parking Fund (Fund 027-Downtown Enhancements). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy I (Enhance public safety efforts by improving our employee retention efforts and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals). FISCAL IMPACT On September 17th, staff reported potential unexpected FY 18-19 revenue of $5.0 million or more. At that time, the City Council approved a $4.0 million appropriation. The audited financial statements have been issued, and we have positive variances that will contribute to a General Fund balance in excess of estimates in June 2019. At this time, the Police Department requests additional funding that will come from available General Fund balance in excess of the City Council reserve policy requirement. Both appropriation adjustments will recognize funding from prior year General Fund balance (01102002-50001) and appropriate $2,290,120 to the Police Department's Field Operations accounting unit (nos. 01114420 — various) and the non -departmental unfunded liability (Police) accounting unit (01105020-61103) for the 2019-20 fiscal year. 20A-3 Appropriation Adjustment to Fund Authorized Police Officers December 17, 2019 Page 4 The annualized impact of these actions approximate $3.8 million ($2.7 million for the 18 police officers and $1.0 million for the overtime and unfunded liability payments in the Parking Downtown Enhancement). David Valentin Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 20A-4 REQUEST FOR COUNCIL ACTION Is] III r-ed la.I:s]10Ji1=I =111I1.lei Ue%9:i DECEMBER 17, 2019 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT AND AMENDMENT TO THE FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM TO ACCOUNT FOR $13,665,000 IN NEWLY AWARDED GRANT FUNDS (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G} /s/Kristine Ridge CITY MANAGER [a]I=11N:(+]Zd la, Eel =E•7,IWIF APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $13,665,000 in Active Transportation SB 1 Augmentation funds into the Traffic System Management, State Grants -Direct revenue account and appropriating the same amount into the Active Transportation Program SB 1 Augmentation, Improvements Other Than Building expenditure account. 2. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program to include additional Active Transportation Program SB 1 Augmentation grant funds in the amount of $13,665,000 for the inclusion of the McFadden Avenue Protected Bike Lane and Bicycle Boulevard, and Standard Avenue Protected Bike Lane projects, Environmental, Design, and Construction Engineering phases. DISCUSSION In May 2019, the Southern California Association of Governments (SCAG) notified the City of Santa Ana that the following Active Transportation Program projects were awarded grant funding, with no City matching funds requirements (Exhibits 1 and 2): PROJECT PHASE GRANTAMOUNT FISCAL YEAR Environmental $102,000 2019/20 McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project: Design Engineering $1,022,000 2019/20 Harbor to Grand Construction $5,875,000 2020/21 Environmental $122,000 2019/20 Standard Avenue Protected Bike Lanes: 3rd to Warner Design Engineering $1,100,000 2019/20 Construction $5,444,000 2020/21 TOTAL GRANT FUNDING:1 $13,665,000 20B-1 Appropriation Adjustment & Amendment to Fiscal Year 2019-20 CIP December 17, 2019 Page 2 The McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project will install Class 4 Protected Bike Lanes from Harbor Boulevard to Bristol Street, from Halladay Street to Grand Avenue, and a Class 3 Bike Boulevard from Bristol to Halladay Street. This project will include signing, striping, median, bike detection, bulb -outs, and traffic signal modifications to provide a safe and low -stress mobility option, with expected outcomes to improve air quality, reduce greenhouse gas emissions, and promote healthy lifestyles. The Standard Avenue Protected Bike Lane Project from 3'd Street to Warner Avenue will install Class 4 Protected Bike Lanes, Class 2 Buffered Bike Lanes, a Class 3 Bike Boulevard from 3'd Street to Warner Avenue, and a Protected Intersection at McFadden and Standard Avenue. Both projects are designed to increase pedestrian and bicyclist safety and mobility, as well as provide connections to future bike facilities. Protected Bike Lanes categorized as Class 4 bikeways are also known as cycle tracks, and provide space that is exclusively for bicyclists and separated from motor vehicle travel lanes, parking lanes, and sidewalks. Bike Boulevards categorized as Class 3 bikeways are bike routes on residential streets that prioritize through trips for bicyclists. Traffic calming is included as needed to discourage drivers from using the boulevard as a through route. Recommended Action No. 1 will recognize the grant award of $13,665,000, appropriating $2,346,000 for expenditure in Fiscal Year 2019-20 and $11,319,000 in Fiscal Year 2020-21. Recommended Action No. 2 will amend the FY 2019-20 Capital Improvement Plan (CIP) to include the $13,655,000 grant fund allocation, making this revenue available for the continued progress of City's Active Transportation Plan (ATP) enhancements for multi -modal transportation safety (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and Maintain a Community Investment Plan for All City Assets), Strategy G (Develop and Implement the City's Capital Improvement Program in Coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Approval of the requested Appropriation Adjustment will recognize $13,665,000 in State -funded ATP funds into the Traffic System Management, State Grants -Direct revenue account (No. 14817002-52025) and appropriate the same amount into the Active Transportation Program Augmentation, Improvements Other Than Building expenditure account (No. 14817614-66220). Appropriated funds will be expended as follows: 20B-2 Appropriation Adjustment & Amendment to Fiscal Year 2019-20 CIP December 17, 2019 Page 3 Fiscal Year Accounting Fund Description Accounting Unit, Amount Unit -Account # Account Description McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project Traffic System Active Transportation FY 2019-20 14817614-66220 Management Program Augmentation, $1,124,000 Dec. -June Grant Improvements Other Than Building Traffic System Active Transportation FY 2020-21 14817614-66220 Management Program Augmentation, $5,875,000 July - June Grant Improvements Other Than Building Standard Avenue Protected Bike Lanes Traffic System Active Transportation FY 2019-20 14817614-66220 Management Program Augmentation, $1,222,000 Dec. -June Grant Improvements Other Than Building Traffic System Active Transportation FY 2020-21 14817614-66220 Management Program Augmentation, $5,444,000 July - June Grant Improvements Other Than Building Total: $13,665,000 Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency FSS/NS/EWG/JG/KN/HG Exhibits: 1. 2019 SCAG Regional Active Transportation Program Award Letter, May 21, 2019 2. California Transportation Commission Board Action, May 15-16, 2019 3. Amended FY 2019-20 CIP Worksheets r1- EXHIBIT 1 ll Is��,� 'I.` SCAGM INNOVATING FOR A BETTER TOMORROW SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS goo Wilshire Blvd., Ste. 1700 Los Angeles, CA 90017 T: (213) 236-1800 www.scag.ca.gov REGIONAL COUNCIL OFFICERS President Bill Jahn, Big Bear Lake First Vice President Bandon Lane, Murrieta Second Vice President Rex Richardson, Long Beach Immediate Past President Alan D. Wapner, San Bernardino County Transportation Authority COMMITTEE CHAIRS Executive/Administration Bill Jahn, Big Bear Lake Community, Economic & Human Development Peggy Huang, Transportation Corridor Agencies Energy & Environment Linda Parks, Ventura County Transportation Cheryl Viegas-Walker, El Centro May 21, 2019 Zed Kekula City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 RE: 2019 SCAG Regional Active Transportation Program Dear Zed Kekula: On behalf of the Southern California Association of Governments (SCAG), I am pleased to inform you that the McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project was formally adopted under the 2019 SCAG Regional Active Transportation Program by SCAG's Regional Council on April 4, 2019, and that the California Transportation Commission (CTC) adopted the 2019 SCAG Regional ATP on May 15, 2019. Please find the board agenda on the website of the California Transportation Commission (CTC). SCAG looks forward to partnering with the City of Santa Ana and appreciates your interest in the program. This project has been awarded Active Transportation Program (ATP) funding which includes a few more steps prior to launching the project. The next steps are: • To initiate the project, your agency will need to receive funding allocation from the CTC. Project sponsors must submit their allocation request to Caltrans within the fiscal year in which the project is programmed and ensure that they can meet CTC guidelines for approving the allocation on time. • Prior to allocation, your project must be programmed in the Federal Transportation Improvement Program (FTIP). Please contact your County Transportation Commission staff to coordinate this process at your earliest opportunity to keep the project on schedule. • Upon allocation, you will have six (6) months to award the contract. Once the contract is awarded, you will have 36 months to complete the phase of the project that was allocated. Semi-annual reports and final delivery reports shall be submitted to Caltrans, SCAG and County Transportation Commission staff, per the Project Progress Report Instructions. If you have any questions, Caltrans Local Assistance Office and the County Transportation Commission are the main points of contact for Page I 1 of 2 allocation requirements. Contact information for Caltrans and the County Transportation Commission staff is attached. SCAG staff is also available to address any questions you may have. Please do not hesitate to contact, Rye Baerg, Acting Manager, Active Transportation and Special Programs, at (213) 236-1866 or by email at baerg@scag.ca.gov. Thank you again for your interest in partnering with SCAG to plan for a better future for your community and the entire SCAG region. Sincerely, Sarah Jepson Acting Planning Director, SCAG 20 B-5 Page 12 of 2 •I Mj M. SCAGM INNOVATING FOR A BETTER TOMORROW SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS goo Wilshire Blvd., Ste. 1700 Los Angeles, CA 90017 T: (213) 236-1800 www.scag.ca.gov REGIONAL COUNCIL OFFICERS President Bill Jahn, Big Bear Lake First Vice President Bandon Lane, Murrieta Second Vice President Rex Richardson, Long Beach Immediate Past President Alan D. Wapner, San Bernardino County Transportation Authority COMMITTEE CHAIRS Executive/Administration Bill Jahn, Big Bear Lake Community, Economic & Human Development Peggy Huang, Transportation Corridor Agencies Energy & Environment Linda Parks, Ventura County Transportation Cheryl Viegas-Walker, El Centro May 21, 2019 Zed Kekula City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 RE: 2019 SCAG Regional Active Transportation Program Dear Zed Kekula: On behalf of the Southern California Association of Governments (SCAG), I am pleased to inform you that the Standard Avenue Protected Bike Lane and Protected Intersection Project was formally adopted under the 2019 SCAG Regional Active Transportation Program by SCAG's Regional Council on April 4, 2019, and that the California Transportation Commission (CTC) adopted the 2019 SCAG Regional ATP on May 15, 2019. Please find the board agenda on the website of the California Transportation Commission (CTC). SCAG looks forward to partnering with the City of Santa Ana and appreciates your interest in the program. This project has been awarded Active Transportation Program (ATP) funding which includes a few more steps prior to launching the project. The next steps are: • To initiate the project, your agency will need to receive funding allocation from the CTC. Project sponsors must submit their allocation request to Caltrans within the fiscal year in which the project is programmed and ensure that they can meet CTC guidelines for approving the allocation on time. • Prior to allocation, your project must be programmed in the Federal Transportation Improvement Program (FTIP). Please contact your County Transportation Commission staff to coordinate this process at your earliest opportunity to keep the project on schedule. • Upon allocation, you will have six (6) months to award the contract. Once the contract is awarded, you will have 36 months to complete the phase of the project that was allocated. Semi-annual reports and final delivery reports shall be submitted to Caltrans, SCAG and County Transportation Commission staff, per the Project Progress Report Instructions. If you have any questions, Caltrans Local Assistance Office and the County Transportation Commission are the main points of contact for rI- Page I 1 of 2 allocation requirements. Contact information for Caltrans and the County Transportation Commission staff is attached. SCAG staff is also available to address any questions you may have. Please do not hesitate to contact, Rye Baerg, Acting Manager, Active Transportation and Special Programs, at (213) 236-1866 or by email at baerg@scag.ca.gov. Thank you again for your interest in partnering with SCAG to plan for a better future for your community and the entire SCAG region. Sincerely, Sarah Jepson Acting Planning Director, SCAG 20 B-7 Page 12 of 2 EXHIBIT 2 Tab 59 Memorandum To: CHAIR AND COMMISSIONERS From: SUSAN BRANSEN, Executive Director Reference Number: 4.21, Action Prepared By: Anja Aulenbacher, Assistant Deputy Director Published Date: May 3, 2019 CTC Meeting: May 15-16, 2019 Subject: Adoption of the 2019 Active Transportation Program Metropolitan Planning Organization Component —10 of 10 Large Metropolitan Planning Organizations, Resolution G-19-12 Issue: Should the California Transportation Commission (Commission) adopt the 2019 Active Transportation Program Metropolitan Planning Organization component— 10 of 10 large Metropolitan Planning Organizations? Recommendation: Commission staff recommends that the Commission: 1. Adopt the 2019 Active Transportation Program Metropolitan Planning Organization Component for Fresno Council of Governments (FCOG), Kern Council of Governments (KCOG), Metropolitan Transportation Commission (MTC), Sacramento Council of Governments (SACOG), San Diego Association of Governments (SANDAG), San Joaquin Council of Governments (SJCOG), Southern California Association of Governments (SCAG), Stanislaus Council of Governments (StanCOG), Tahoe Metropolitan Planning Organization (TMPO) and Tulare County Association of Governments (TCAG) in accordance with the attached resolution and programming spreadsheet. Commission staff recommendations correspond with the Metropolitan Planning Organization recommendations. 2. Authorize Commission staff to make any specific technical changes, corrections or exceptions to Commission staff recommendations, with a report of any substantive changes back to the Commission for approval at a subsequent Commission meeting. STATE OF CALIFORNIA CALIFORNIA TRANSPORTATION COMMISSION 20B-8 CHAIR AND COMMISSIONERS Reference No.: 4.21 May 15-16, 2019 Page 2 of 8 Background: In summary, Commission staff recommends that the 2019 Active Transportation Program Metropolitan Planning Organization Component funds totaling $174,885,000 for all ten large Metropolitan Planning Organizations be programmed to 59 projects valued at $331,474,000. • $165,147,000 (94 percent of $174,885,000) to 53 projects benefiting disadvantaged communities. • $95,599,000 (55 percent of $174,885,000) to 40 Safe Routes to School projects. • 31 of the 59 projects are designated for state only funding. The Commission's adoption of the 2019 Active Transportation Program Metropolitan Planning Organization Component is not authorization to begin work on a project. Contracts may not be awarded nor may work begin until an allocation is approved by the Commission for a project in the adopted program. On September 26, 2013, the Governor signed legislation creating the Active Transportation Program (Senate Bill 99, Chapter 359 and Assembly Bill 101, Chapter 354). Senate Bill 1, signed by the Governor on April 28, 2017, directs an additional $100 million annually from the Road Maintenance and Rehabilitation Account to the Active Transportation Program beginning in Fiscal Year 2017-18. Per legislation, a minimum of 25 percent of all 2019 Active Transportation Program funds must benefit disadvantaged communities. The Commission adopted the Fund Estimate and the program guidelines for the 2019 Active Transportation Program on May 16, 2018. The 2019 Active Transportation Program includes four years of programming, 2019-20, 2020-21, 2021-22, and 2022-23, with $445,560,000 in funding capacity for the following program components: • Statewide (50 percent or $218,780,000) • Small Urban & Rural (10 percent or $43,756,000) • Metropolitan Planning Organizations (40 percent or $175,024,000) • California Conservation Corps ($8,000,000) The Commission staff recommendations are based on consistency with the Active Transportation Program Metropolitan Planning Organization competitive program project selection criteria set forth in the 2019 Active Transportation Program Guidelines (Section 19, Metropolitan Planning Organization Competitive Project Selection) and the following: • Funding levels identified in the 2019 Active Transportation Program Fund Estimate. • Eligibility for the program. • Metropolitan Planning Organization multidisciplinary advisory group scores. • Statutory requirements. STATE OF CALIFORNIA 2C,AyFaRNIA TRANSPORTATION COMMISSION CHAIR AND COMMISSIONERS Reference No.: 4.21 May 15-16, 2019 Page 3 of 8 The Commission adopted the 2019 Active Transportation Program Statewide and Small Urban and Rural Components on January 30, 2019. Projects not programmed in the Statewide competitive component were distributed to the ten large Metropolitan Planning Organizations based on location. Metropolitan Planning Organization Evaluation Process All applications considered by the ten large Metropolitan Planning Organizations were submitted through the statewide competitive program. Per the 2019 Active Transportation Program Guidelines, a Metropolitan Planning Organization may delegate its project selection to the Commission using the statewide competition project selection criteria; or, with Commission approval, a Metropolitan Planning Organization may use different project selection criteria, weighting, minimum project size, and match requirement. The Commission approved amendments to the 2019 Active Transportation Program guidelines allowing different project selection criteria for the following Metropolitan Planning Organizations: Fresno Council of Governments, Metropolitan Transportation Commission, Sacramento Area Council of Governments, San Diego Association of Governments, Southern California Association of Governments, Tulare County Association of Governments, and Tahoe Metropolitan Planning Organization. The Kern Council of Governments, Stanislaus Council of Governments, and the San Joaquin Council of Governments did not propose regional 2019 Active Transportation Program Guidelines. Metropolitan Planning Organization Program of Projects - Examples The Metropolitan Planning Organization program recommendations include active transportation projects that will provide significant benefits. Examples include: Fresno Council of Governments City of Fresno — Connecting the Winchell Neighborhood, Butler/8th and Orange/Lowe Signals Project will install two traffic signals, pedestrian countdown equipment, sidewalks, curb ramps, and gutters. The City has been working to improve active transportation facilities in this neighborhood for the last several years as part of the "Restore Fresno" effort which aims to improve health, safety and infrastructure through close collaboration with the community. This project will result in improved safety for non -motorized users so that they can travel by foot, bike, or mobility device comfortably and reliably, and more parents will allow their children to walk to school. Fresno County — West Park Pedestrian Pathway Project will develop a four -foot wide asphalt concrete walking and biking path between the community of West Park and the West Park Elementary School. The path will provide a safe active transportation route; benefits will include decreased risk of traffic -related injuries, increased active STATE OF CALIFORNIA 26 ff F�tNIA TRANSPORTATION COMMISSION CHAIR AND COMMISSIONERS Reference No.: 4.21 May 15-16, 2019 Page 4 of 8 transportation usage, reduction in greenhouse gas emissions through reduced reliance on motorized vehicles, and increased sense of place for the community. Kern Council of Governments • City of Bakersfield — Friant-Kern Canal Multi -Use Path Project will construct a six -mile Class I multi -use path along the Friant-Kern Canal within a 25-foot easement. The Project creates a regional active transportation corridor along the Friant-Kern Canal that connects to an existing east/west multi -use path (32 miles) along the Kern River Parkway. The project substantially transforms the active transportation network in Bakersfield and adds regional connectivity throughout Kern County. Metropolitan Transportation Commission San Francisco Municipal Transportation Agency —6th Street Pedestrian Safety Project will substantially improve safety and livability in San Francisco's most dense and diverse neighborhood. The project includes sidewalk widening, upgraded traffic signals, improved signal timing, reduced crossing distances, new pedestrian -scale lighting, and landscaping/street furniture upgrades. This project will transform 6th Street and reduce the high numbers of pedestrian collisions and injuries. City of San Jose — Willow -Keyes Complete Street Improvements Project will enhance safety for people walking and biking by constructing complete street elements such as a Class IV protected bike lane, new sidewalk, and curb extensions. The improvements will provide continuous, safe, and comfortable facilities for people of all ages and abilities. Pedestrians and bicyclists will benefit from a safe, calm, comfortable roadway, encouraging more walking and biking. Sacramento Council of Governments City of Sacramento — Broadway Complete Streets Project - Phase 2 will complete the two -mile -long corridor mobility improvements which aim to rebalance space for all modes on the Broadway corridor by reducing the number of travel lanes, installing bike facilities, and constructing pedestrian improvements. This project closes a critical gap in the bikeway network and improves pedestrian facilities, which will make active transportation and transit a more attractive and viable option. Yuba County — Cedar Lane Elementary Safe Routes to Schools Project will provide safe bicycle and pedestrian access to Cedar Lane Elementary School, transit facilities, and downtown Linda. The project promotes active transportation, decreases vehicle speeds, decreases the number of motorized vehicle trips, increases bicycle and pedestrian trips, improves air quality, and improves public health. The project will also provide pedestrian and bicycle education for parents and students from educators at WALKSacramento. STATE OF CALIFORNIA 26 ff FffNIATRANSPORTATION COMMISSION CHAIR AND COMMISSIONERS Reference No.: 4.21 May 15-16, 2019 Page 5 of 8 San Diego Association of Governments • San Diego Association of Governments — University Bikeway Project consists of a road diet, removal of free -right slip lanes, separated bike lanes, buffered bike lanes, protected intersections, signal -protected crossings, new/enhanced pedestrian crossings, curb extensions, speed cushions, bikeway markings, and other high - visibility treatments. Expected benefits include a dramatic drop in the level of traffic stress, reduced speeds, increased protection from vehicle traffic, increased crossings, shorter crossings, greater visibility, and traffic calming. • City of Escondido — Escondido Creek Trail Transit Center Bicycle Path Improvements Project will increase active transportation connectivity by improving approximately 1.6 miles of underutilized Class I bike trail and close several bike/pedestrian gaps along the trail. This project will add lighting, pedestrian signals, crosswalks, ramps, and signage to two intersections. San Joaquin Council of Governments • San Joaquin County — Oro Avenue and Section Avenue Sidewalk Improvements Project will install sidewalks, curbs, and gutters on approximately 1,900 feet of Oro Avenue, as well as approximately 1,100 feet of Section Avenue. Seven new curb ramps will be installed, allowing easier access for those walking or using wheeled apparatus. The addition of sidewalks, curb ramps, and a beacon in this area addresses a need to connect students to nearby schools and community members to transit stops, stores, markets and childcare facilities. • City of Stockton — Safe Routes to School Sidewalk Gap Closure Project will install curbs, gutters, and sidewalks to close sidewalk gaps along routes to schools surrounding five school sites. Minimum five feet wide sidewalks, bulb -outs, pedestrian lighting, school signage, compliant ADA curb ramps, and where necessary, a pedestrian gate and high visibility crosswalks will be installed to provide protection and increase safety for students walking to school. The anticipated benefit of this project is an increase in safety for students which will lead to an increase in the number of students who use these new or upgraded facilities. Additionally, the City anticipates an improvement to public health and reduction in greenhouse gas emissions. Southern California Association of Governments • City of Ontario — Pedestrian Improvements around Haynes, Vista Grande, and Oaks Schools Project will complete a pedestrian network by installing missing sidewalks, replacement ADA curb ramps, truncated domes on existing ADA curb ramps, street lights, enhanced crosswalks, and shade trees. In addition, an education and encouragement non -infrastructure component is included to encourage children to walk to school. Upon completion of the project, residents will have improved pedestrian access to local schools, parks, commercial centers, and transit stops, and STATE OF CALIFORNIA 26 ff FfffNIA TRANSPORTATION COMMISSION CHAIR AND COMMISSIONERS Reference No.: 4.21 May 15-16, 2019 Page 6 of 8 programs to encourage behavior change resulting in more residents walking to local destinations and walking for the positive health benefits. • Los Angeles Bureau of Street Services (Engineering Division) — Broadway - Manchester Active Transportation Equity Project will construct a separated, Class IV cycle track, continental crosswalks, a center median pedestrian refuge island, sidewalk improvements, curb extensions, upgraded access ramps, pedestrian signals, and more. Each of these measures will work to slow speeding vehicles on the corridor and increase pedestrian and bicyclist safety. The project benefits include enhanced safety and mobility for active transportation users, a rise in trips taken by pedestrians and bicyclists and an increase in public health outcomes for residents due to an increase in active transportation activities. Stanislaus Council of Governments • Stanislaus County— Bret Harte Elementary Safe Crossing and Active Transportation Connectivity Project will install new sidewalks, Class III bicycle routes, and bike racks. Improvements created by this project to help support student safety to and from Bret Harte Elementary School and Evelyn Hanshaw Middle School include high visibility crosswalks adjacent to the school site, and various safety improvements and enhancements which create an overall improved bicycle and pedestrian network throughout the neighborhood. This project will result in a safer environment for students and community members, increase access to various local destinations, improve safety, and provide greater regional access. Tahoe Metropolitan Planning Organization • City of South Lake Tahoe — Lake Tahoe Boulevard Class I Bicycle Trail Project will construct a lit Class I bike trail that will parallel Lake Tahoe Boulevard, allowing commuters and recreational users to travel between the city and county areas without ever leaving the safety of a Class I bike path. The benefits of this project include closing a trail gap, completing a safe route to the South Tahoe High School, and providing a connection to a transit center and various shopping areas. Tulare County Association of Governments • City of Woodlake — North Valencia Boulevard Safe Routes to School Extension, Gap Improvements Project will extend previously built improvements and close a gap on North Valencia. The improvements include curbs, gutters, sidewalks, ADA compliant ramps, street lighting, crosswalks, and Class II bike lanes along North Valencia Boulevard. This project benefits students and the community at large by providing much needed infrastructure in a disadvantaged community, creating a safer active transportation corridor, and increasing walking and biking. Additional benefits will be healthier citizens, cleaner management of storm water, and reduction in emissions. STATE OF CALIFORNIA 26 ff FfJNIA TRANSPORTATION COMMISSION CHAIR AND COMMISSIONERS Programming Recommendations Reference No.: 4.21 May 15-16, 2019 Page 7 of 8 The following table summarizes the proposed programming recommendations for the ten Metropolitan Planning Organizations (dollar amounts are in $1,000's): Metropolitan # FY FY FY FY Fund Under Planning Proj. 2019-20 2020-21 2021-22 2022-23 Total Est. (Over) Organization Target Target FCOG 9 $392 $1,584 $450 $2,346 $4,772 $4,772 $0 KCOG 1 $0 $4,306 $0 $0 $4,306 $4,306 $0 MTC 6 $12,987 $10,757 $0 $12,926 $36,670 $36,670 $0 SACOG 7 $3,427 $3,335 $4,902 $0 $11,664 $11,666 $2 SANDAG 4 $1,381 $747 $8,561 $5,185 $15,874 $15,874 $0 SCAG 25 $20,331 $20,896 $22,198 $29,147 $92,572 $92,572 $0 SJCOG 2 $565 $745 $1,184 $1,020 $3,514 $3,514 $0 StanCOG 2 $99 $0 $0 $2,402 $2,501 $2,638 $137 TCAG 2 $980 $263 $0 $1,025 $2,268 $2,268 $0 TMPO 1 $0 $744 $0 $0 $744 $744 $0 Totals: 59 $40,162 $43,377 $37,295 $54,051 $174,885 $175,024 $139 Cumulative Fund Estimate Capacity $38,400 $38,400 $49,112 $49,112 $175,024 Cumulative Under (Over) Fund Estimate $ 1,762 $ 4,977 $11,817 $ 4,939 $139 STATE OF CALIFORNIA 26 ff FfINIA TRANSPORTATION COMMISSION CHAIR AND COMMISSIONERS Reference No.: 4.21 May 15-16, 2019 Page 8 of 8 The following table shows the amount of funding per Metropolitan Planning Organization that benefits disadvantaged communities (dollar amounts are in $1,000's): Metropolitan Planning Organization # DAC Projects Total DAC Projects Programmed Fund Est. Target Under (Over) Target FCOG 9 $4,772 $1,194 $(3,578) KCOG 1 $4,306 $1,076 $(3,230) MTC 6 $36,670 $9,166 $(27,504) SACOG 3 $8,270 $2,916 $(5,354) SANDAG 4 $15,874 $3,970 $(11,904) SCAG 23 $86,228 $23,144 $(63,084) SJCOG 2 $3,514 $880 $(2,634) StanCOG 2 $2,501 $660 $(1,841) TCAG 2 $2,268 $566 $(1,702) TMPO 1 $744 $186 $(558) Totals: 53 $165,147 $43,758 $(121,389) Attachments: • Attachment A: Resolution G-19-12 • Attachment B: 2019 Active Transportation Program — Metropolitan Planning Organization Component Project Recommendations • Attachment C: 2019 Active Transportation Program — Metropolitan Planning Organization Submittals STATE OF CALIFORNIA 26 ff FfgNIA TRANSPORTATION COMMISSION Reference No.: 4.21 May 15-16, 2019 Attachment A CALIFORNIA TRANSPORTATION COMMISSION Adoption of the 2019 Active Transportation Program Metropolitan Planning Organization Component RESOLUTION G-19-12 1.1 WHEREAS, Streets and Highways Code Section 2384 requires the California Transportation Commission (Commission) to adopt a program of projects to receive allocations under the Active Transportation Program; and 1.2 WHEREAS, pursuant to Section 2384, the 2019 Active Transportation Program is a four-year program covering program years 2019-20, 2020-21, 2021-22 and 2022-23; and 1.3 WHEREAS, the Commission adopted 2019 Active Transportation Program Guidelines at the May 2018 meeting; and 1.4 WHEREAS, the 2019 Active Transportation Program Fund Estimate provided $445,560,000 in Active Transportation Program programming capacity to be apportioned to the Statewide (50 percent), Small Urban and Rural (10 percent) and Metropolitan Planning Organization (40 percent) Components and the California Conservation Corps ($8,000,000); and 1.5 WHEREAS, the Commission adopted the 2019 Active Transportation Program Statewide and Small Urban and Rural Components at the January 2019 meeting; and 1.6 WHEREAS, the total amount programmed may not exceed the amount specified in the adopted Fund Estimate; and 1.7 WHEREAS, the Commission staff recommendations conform to the Fund Estimate and other requirements of statute for the Active Transportation Program; and 1.8 WHEREAS, the Metropolitan Planning Organizations have designated projects to receive state only funding. 2.1 NOW, THEREFORE BE IT RESOLVED, that the Commission hereby adopts the 2019 Active Transportation Program, Metropolitan Planning Organization Component (10 of 10 Metropolitan Planning Organizations), to include the program described in the Commission staff recommendations, including the attachments to this resolution; and 2.2 BE IT FURTHER RESOLVED, that having a project included in the adopted 2019 Active Transportation Program, Metropolitan Planning Organization Component, is not authorization to begin work on that project. Contracts may not be awarded, nor work begin until an allocation is approved by the Commission for a project in the adopted program; and 2.3 BE IT FURTHER RESOLVED, that the Metropolitan Planning Organizations have designated projects to receive state only funding and if a Metropolitan Planning Organization wishes to change the designation to another project, they must notify the Commission and the California Department of Transportation's 20B-16 Resolution G-19-12 2.4 Reference No.: 4.21 May 15-16, 2019 Attachment A Page 2 of 2 (Department) Active Transportation Program office of a previously designated state only funded project that will now receive federal funding. In addition, all amendments to the state only funding designation must be made prior to an allocation request for that project; and BE IT FURTHER RESOLVED, that if available funding is less than assumed in the Fund Estimate, the Commission may be forced to delay or restrict allocations using interim allocation plans, or, if available funding proves to be greater than assumed, it may be possible to allocate funding to some projects earlier than the year programmed; and BE IT FURTHER RESOLVED, that Commission staff, in consultation with the Department and regional agencies, is authorized to make further technical changes in cost, schedules, and descriptions for projects in the 2019 Active Transportation Program — Metropolitan Planning Organization Component, consistent with the Fund Estimate, in order to reflect the most current information, or to clarify the Commission's programming commitments, with report of any substantive changes back to the Commission for approval at a subsequent meeting. 20B-17 c wm N F K N X X X X X X X X X X X Q X X X X X X X X X X X X X X X X F N N 2 2 O N X X X X 2 O U n O V � n . . • � n n O C N a m QK rvn w w rvn w w e9 ea W a3 w w e» w y e9 H6e9 M W e9 M W e9 M W » w w e» w es e9 E Y - _ lo F �S mtt Eo -o o o_ vo a O O O O O O O 20� 1 O U U U U U U U U U c wm LLa ` o 0 N F K N X X X X X X X X X Q X X N X X X X X X X X X X F 2 2 O N X X X X X X 2 O U O V O C y N a w a QK H6rvn w W e9 w w rvn w W rvn w w » N w e» N � N C.1 u= ma mr LL9 Fm cia 3 ¢'m 0�a w"ua` x m¢z o`er im is""ci 9 3 9 9 - a E E E E 1. — 2 3 9 u 9 0� oA o u 4 ci N > o0 a o a 0 0 0 0 0 a a z o 0 0 0 V V V .20131$ ¢ c wm m LLa N F K N X X X X X X X X X X X Q X X X X X X X X X X X X X X X F 2 2 2 2 2 O N X X X X X X X X X X X X X 2 O U O V � O C y N a - m QK rvn e9 w » w N » m w a> e9 w e9 w us » H6rvn M en » w W a3 M w a3 M w e9 w es » 20 97 w w o o` o` o rc a a rc a u,m mm" uim u,m u, m" a >Nr dy dm2` m m a V � ,� G6 C7 R a R m R a K F K R Q _ m•F m0� a 6 Q Q 6 Q Q 6 2U13 6 Q Q 6 Q Q 6 c wm LLa N F K N X X X X X X X X X Q X X X X X X X X X X F 2 2 O N X X X X X X X X Z 2 O U � m • • . N 2 O V r m f m s ~ m s m f m O C w N a 6, m w rvn w rvn 3 Q fL j s N Q H6 y£e 6 � _ U � _ _ U U gG O U U' U' U U' U V' U U' U /� � 2 O 0 am20041 [al F F EXHIBIT 3 ) \ \ 2 .> \\ §} °» §[) ■m ■2« B��B�� � § B / LA | 2 0 24uu U 2 � §� 2 E o > co .( LL c ■ \ \ 7 [14 A \ ) �\\ ■§!§/« � § B �e \ Z . ! .(. } G+; •�« Lei ,m4:. WEW s K \ / ƒ ) ƒ ■ \ \ ) 20B-24 REQUEST FOR h' COUNCIL ACTION - CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE APPROPRIATION ADJUSTMENTS TO RECOGNIZE $336,950 IN FOSTER YOUTH TO INDEPENDENCE TENANT PROTECTION VOUCHER ASSISTANCE PROGRAM AND $756,346 IN MAINSTREAM VOUCHER PROGRAM FUNDING {STRATEGIC PLAN NOS. 4, 1; 5,31 /s/Kristine Ridae CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For Ifiel0oil ►l1l01i[61 FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing Foster Youth to Independence Tenant Protection Voucher assistance program funds in the amount of $336,950 in revenue account (nos. 13618002-52006 and 14018002-52000) and appropriating the same amount to expenditure account (nos. 13618760-69169, 13618760-69011, and 14018780-various) for 25 vouchers effective November 1. 2019. 2. Approve an appropriation adjustment recognizing Mainstream Voucher Program funds in the amount of $756,346 in revenue account (nos. 13818002-52000, 13818002-59011, and 13918002-52000) and appropriating the same amount to expenditure accounts (nos. 13818760-69158, 13818760-69011, and 13918780-various) for 70 additional vouchers effective November 1, 2019. DISCUSSION The Housing Authority of the City of Santa Ana administers the Housing Choice Voucher (HCV) program as one of four public housing agencies in Orange County and is responsible for 3,099 HCV vouchers. The Housing Authority has been successful throughout the past to apply for new program vouchers as the U.S. Department of Housing and Urban Development (HUD) makes them available to local public housing authorities. Occasionally, new program funds are awarded during the year that may not have been included and adopted by City Council in the annual budget, requiring appropriation adjustments to recognize and expend new funds. On July 26, 2019, HUD announced a new Foster Youth to Independence (FYI) initiative to provide Tenant Protection Voucher (TPVs) for emancipated foster youth between the ages of 18 to 24 funded by the Consolidated Appropriations Act, 2019. The purpose of this initiative is to prevent and end homelessness among youth with a current or prior history of child welfare involvement. 20C-1 Appropriation Adjustment — Foster Youth to Independence and Mainstream Voucher Programs December 17, 2019 Page 2 The program requires collaboration between the Housing Authority, the Orange County Social Services Agency, and the Orange County Continuum of Care to work together to provde the appropriate intervention for each youth. On November 1, 2019, the Housing Authority received a notice of award under the FYI TPV program for up to $319,950 to fund 25 vouchers for a twelve-month period (Exhibit 1). These vouchers will end when the youth issued the voucher is no longer receiving voucher assistance, or the youth has been assisted for 36 months, whichever occurs first. The Housing Authority has identified the youth eligible to receive these vouchers and plans to have all 25 vouchers issued by April 2020. Staff anticipates spending approximately $138,000 in voucher assistance payments in the current fiscal year through June 2020. In addition, on July 9, 2019, HUD also issued a Notice of Funding Availability (NOFA) for the Mainstream Voucher program. The purpose of the Mainstream Voucher program is to provide rental assistance to non -elderly persons with disabilities who are transitioning out of institutional or other segregated setting, at serious risk of institutionalization, homeless, or at risk of becoming homeless. The program requires collaboration with health and human services agencies to provide participants with voluntary supportive services and increase program access. On November 14, 2019, the Housing Authority received a notice of award under the Mainstream Voucher program for up to $731,346 to fund 70 vouchers for a twelve-month period (Exhibit 2). The Housing Authority already received 50 of these special purpose vouchers from the last Mainstream Voucher program NOFA issued in 2018. Staff estimates approximately $167,000 in voucher assistance payments to be made in the current fiscal year through June 2020. Both the Foster Youth to Independence program and the additional Mainstream Voucher program vouchers were not anticipated during adoption of the FY 2019-20 budget. Therefore, appropriation adjustments are necessary to recognize the funds from HUD and enable the Housing Authority to expend the housing assistance payments and related administrative expenses in the current fiscal year. The 2019 administrative fee rate that HUD provides to the Housing Authority is currently $124.34 per unit, per month. Based on the number of vouchers projected to be leased up during FY 2019-20, the Housing Authority may receive $17,000 and $25,000 in administrative fees for the FYI TPV program and additional Mainstream Voucher program, respectively. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal # 4 — City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment) and Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 20Ci-2 Appropriation Adjustment — Foster Youth to Independence and Mainstream Voucher Programs December 17, 2019 Page 3 FISCAL IMPACT Approval of the appropriation adjustments will recognize $1,093,296 total in the revenue accounts and increase the FY 2019-20 expenditure accounts as follows: Revenues Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Description FY 19-20 13618002-52006 Housing Authority- Foster Youth Independence $ 319,950 Nov. -June Voucher HAP TPV FY 19-20 13818002-52000 Housing Authority- Federal Grant -Direct $ 731,346 Nov. -June MS 5 FY 19-20 13918002-52000 Housing Authority- Federal Grant -Direct $ 25,000 (Nov. -June) MS 5 Admin FY 19-20 14018002-52000 Housing Authority- Federal Grant -Direct $ 17,000 Nov. -June Vouchers Admin Total Revenues $1,093,296 Expenditures Fiscal Year Accounting Unit- Fund Description Accounting Unit, Account Amount Account Description FY 19-20 13618760-69169 Housing Authority- Foster Youth Independence $ 138,000 (Nov. -June) Voucher HAP TPV FY 19-20 13618760-69011 Housing Authority- Reserve Appropriation $ 181,950 Voucher HAP FY 19-20 13818760-69158 Housing Authority- Housing Assistance Payment $ 167,000 Nov. -June MS 5 FY 19-20 13818760-69011 HousAuthority- Reserve Appropriation $ 564,346 Sing MS FY 19-20 13918780-various Housing Authority- Various Salaries, Benefits, $ 25,000 Nov. -June MS 5 Admin Operations FY 19-20 14018760-various Housing Authority- Various Salaries, Benefits, $ 17,000 Nov. -June Vouchers Admin Operations Total Expenditures $1,093,296 The anticipated revenues and expenditures for both programs for FY 2020-21 will be included and budgeted in the FY 2020-21 budget. /_1 > > :Zit'/ � �RF� Cal 1�J ► I �> `y9 ► I �L�KK�19J ► � �91 Steven A. Mendoza Kathryn Downs, CPA Executive Director Executive Director Community Development Agency Finance and Management Services Agency Exhibits: 1. Notice from HUD, Foster Youth to Independence — Obligation of Assistance 2. Notice from HUD, Mainstream Voucher Program Fiscal Year 2019 20C-3 �rtufvr,�R U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Qot �oG Financial Management Center a 2380 McGee Street, Suite 400 * 116111 III I * " Kansas City, MO 64108-2605 r OFFICE OF PUBLIC AND INDIAN HOUSING November 1. 2019 CA093, City of Santa Ana HA 20 Civic Center Plaza P.O. Box 22030 Santa Ana, CA 92701 Dear Executive Director: SUBJECT: Foster Youth to Independence — Obligation of Assistance This letter is to notify you that funds have been obligated to provide Foster Youth to Independence (FYI) Tenant Protection Voucher (TPV) assistance for the eligible youth identified in the request for assistance submitted to HUD under the requirements of Notice PIH 2O19-20 (HA). These funds will automatically be disbursed to your agency and will be evenly spread over the term of the contract. The terms of the funding, including the approximate amount of the monthly payment, are reflected in the table below. Increment Units Budget Effective Date Term Approximate Number Authority Monthly Assigned Disbursement CA093VO0206 25 $319,950 11/1/2019 12 26,662 FYI TPVs "sunset" at such time that the youth issued the voucher is no longer receiving voucher assistance, or the youth has been assisted for 36 months, whichever occurs first. The voucher will not receive renewal funding in the subsequent calendar year and the number of authorized units covered by the PHA's Consolidated Annual Contributions Contract (CACC) will be reduced accordingly. PHAs must maintain a special program code for FYI participants in line 2n of the Family Report (form HUD-50058) or line 2p of the MTW Family Report (form HUD-50058), as applicable. The special code is "FYITPV." As a reminder, PHAs should be responding to the homeless at admission field (line 4C), of the form as well. PHAs should also report the leasing and expense information for these vouchers in the Voucher Management System (VMS), Form HUD-52681 B. The "Family Unification 2008/Forward — MTW' or "Family Unification — Non MTW' category, as appropriate for your PHA, must be used. Additional program -specific requirements are outlined in the notice. Enclosed is your executed copy of the notice to amend the Consolidated Annual Contributions Contract (CACC) with revised funding exhibits reflecting the changes described above. The amendment notice and revised funding exhibits should be filed with your most recent executed CACC. 20C-4 Public housing agencies receiving an increment in excess of $100,000 in Budget Authority (BA) are required to submit Form HUD-50071, Certification of Payments to Influence Federal Transactions, and if applicable, Form SF-LLL, Disclosure of Lobbying Activities. If this letter notifies you of a renewal in excess of $100,000, and your PHA has not submitted the Form(s) HUD-50071 (and SF-LLL where applicable) for your current fiscal year; the documents must be submitted to your local field office and Financial Analyst at the Financial Management Center (FMC) within 30 days of the date of this letter. These forms are located on the Internet at the following addresses: Form HUD-50071 https:Hwwvv.hud.gov/sites/documents/50071.pd Form SF-LLL https://www.h udexchanoe.info/resources/documents/H U D-Form-Sflll. pdf If you have any questions, please contact your Financial Analyst. Enclosures Sincerely, Dgitdly sgned by Jennder D. Horn Jennifer D. Horn. D= elnManspneurnnt CenteUS Ott = Dinaiar Director. Rm : I am approving this document Jennifer Horn Division Director 20C-5 1:04:II:31il Consolidated Annual Contributions Contract Housing Choice Voucher Program U.S. Department of Housing and Urban Development Office of Public and Indian Housing Section 8 HUD NOTICE TO HOUSING AGENCY AMENDING CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT Housing Agency: City of Santa Ana Housing Authority, CA093 (Type or print name of housing agency.) In accordance with Paragraph 2.c. of the Consolidated Annual Contributions Contract between HUD and the HA, you are notified that the funding exhibit of the Consolidated Annual Contributions Contract is hereby revised to add a new funding increment as provided in the attached revised funding exhibit. (This notice adds one or more funding increments listed on the attached funding exhibit.) The revised funding exhibit is attached to this HUD notice. This revised funding exhibit replaces and revises the prior funding exhibit. In accordance with Paragraph 2.d. of the Consolidated Annual Contributions Contract, this HUD notice and the attached funding exhibit constitutes an amendment to the Consolidated Annual Contributions Contract. United States of America Secretary of Housing and Urban Development Authorized Representative Robert H Boepple, Director, Financial Management Center Date of Document: 11/01/2019 Form HUD-52520A (12/97) 20C-6 EXHIBIT 1 U.S. Department of Housing and Urban Development PIH Section 8 - Funding Exhibit Program Based IIII�III ,, ACC NUMBER: CA093VO FIELD OFFICE: 9DPH LOSFO, PIH HA NUMBER: CA093 CITY OF SANTA ANA HSG AUTH 20 CIVIC CENTER PLAZA P.O. BOX 22030 SANTA ANA, CA 92701 HA FISCAL YEAR END: 06/30 PROGRAM TYPE: VOUCHER PROGRAM FI Number I First Date of Term I Last Date of Term I Contract Term I Budget Authority I Units Count CA093VO0189 CA093VO0194 CA093VO0195 CA093VO0196 CA093VO0197 CA093VO0198 03-01-2019 03-01-2019 11-01-2018 01-01-2019 03-01-2019 02-01-2019 02-29-2020 02-29-2020 12-31-2018 02-28-2019 02-29-2020 02-28-2019 03-31-2019 04-30-2019 04-30-2019 05-31-2019 09-30-2019 10-31-2019 12-31-2019 10-31-2020 12-31-2020 12 12 2 2 12 1 1 1 2 1 4 1 2 12 12 $1,054,965.00 $1,075,199.00 $5,066,273.00 $5,073,009.00 $53,760.00 $36,805.00 $2,536,505.00 $2,536,505.00 $372,421.00 $2,536,505.00 $11,529,867.00 $2,735,735.00 $5,471,473.00 $319,950.00 $802,467.00 100 100 2699 2699 5 N/A 2699 2699 N/A 2699 2699 2699 2699 25 75 CA093VO0199 03-01-2019 CA093VO0200 04-01-2019 CA093VO0201 03-01-2019 CA093VO0202 05-01-2019 CA093VO0203 06-01-2019 CA093VO0204 10-01-2019 CA093VO0205 11-01-2019 CA093VO0206 11-01-2019 CA093VOPB01 I 01-01-2020 Print Date: Friday, November 1, 2019, 1:07:15 PM Financial Data Mart (A75R) Page 1 of 1 Report Path: /content/folder[@name='A75R-SUB Subsidiary Detail Reports']/folder[@name='A75R- A75R-SUB-022a Program Based Funding - PA01 SUB HUDCAPS Section 8 Reports']/report[@name='A75R-SUB-022a Program Based Funding - PA01'] Filter: (Status Code in ('c%'u','p%d','e')) and (Line Number='001') and (Housing Authority Number starts with ca093) and (Program Type in (VO)) and (Contract Expiration Date > (Current Date - 365 days)) 20C-7 Rendered by Cognos iNa:u-1111M ;Y.f R�rpr U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-5000 ro 3 * * p r z OFFICE OF PUBLIC AND AIDIAN HOUSING November 14 , 2019 CA093 HOUSING AUTHORITY OF THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA P.O. BOX 22030 SANTA ANA, CA 92701 Dear Executive Director: I am pleased to notify you that your public housing agency (PHA) will be awarded funds from the Mainstream Voucher Program Fiscal Year 2019 Notice of Funding Availability (NOFA) (FR-6300-N-43). This letter provides the specific details of the award and information concerning the disbursement of the funds. The following table identifies the funding obligated for your agency's awards: Term Budget Authority Number of Units 12 $731,3Z 70 Please contact your Financial Analyst at the Financial Management Center (FMC) by December 6, 2019 to select the effective date when your PHA may begin leasing these vouchers. The effective date may be as early as November 1, 2019 and no later than July 1, 2020. If you do not contact your Financial Analyst by December 6, 2019 your effective date will default to January 1, 2020. It is very important that you select a realistic effective date when your PHA will be ready to lease the awarded vouchers. If this is your first Mainstream Voucher allocation, your agency may consider delaying the effective date to allow time to update your waiting list and finalize your partnerships. Utilizing all of your awarded funding or vouchers within one year of the effective date will help ensure your PHA is eligible for full renewal and prevent any potential recapture of funding. As stated in the NOFA, HUD may recapture funding if the PHA does not maintain at least an 80% utilization rate, however, the goal is always 100% utilization of awarded funds or units. Please remember, as with the regular voucher program, the awarded budget authority and number of units both serve as a cap. Your agency may only lease until you have reached the lower of your budget authority or number of units allocated. This means some PHAs will lease all of their awarded units and still have money left over, or vice versa. If you have money left but you have leased all the awarded units, this extra funding will go into your agency's Mainstream HAP reserves. If you are on track to spend all of the awarded funding but still have units left, stop leasing before you run out of money and send an email to MainstreamVouchers@hud.gov for additional guidance. The FMC will provide your agency with an amended Annual Contributions Contract that reflects the obligation of funds and monthly disbursements will be scheduled. Initially, the first three months of disbursements will be made. Each disbursement will equal 1/ 12th of your award amount. Thereafter, monthly disbursements will be scheduled based on monthly expenses reported in the Voucher Management System (VMS). If you have not leased any vouchers by month three, you will not receive additional disbursements until VMS data show you are paying HAP. If at any time such disbursements are not sufficient to cover your monthly expenses, your agency should contact your Financial Analyst at the Financial Management Center. www.hud.gov espanol.hud.gov 20 8 I: *:P.Il 11W Your agency must follow all Housing Choice Voucher (HCV) program requirements when administering the Mainstream Voucher Program, including the regulations at 24 CFR part 982, and the requirements in the respective NOFA. This award is not an endorsement of your entire application and your PHA is required to follow relevant statutes, regulations, and HUD guidance even if you provided information in your application that conflicts with program policies To ensure that Mainstream families are recorded properly, you must record MS5 on line 2n of the form HUD-50058 (Family Report). Remember to accurately record families who are homeless at admission on line 4c of the HUD-50058. Mainstream vouchers and corresponding Housing Assistance Payment (HAP) expenses must be accurately reported in the Voucher Management System (VMS). The Mainstream Voucher Program is reported separately in FASS-PH under the CFDA code 14.879. Additional information regarding the Mainstream Voucher Program can be found at: https:/Iwww.hud.Eov/program offices/public indian housine/programs/hcv/mainstream Please contact MainstreamVouchers@hud.gov if you have any questions. Sincerely Elel Fftdby o$r,eee L Bss**x * Danielle L Bastarache DN: CN=Camelle L Basfambe. C =IFS. __R�m IamsPFaowi^9this do mwt Danielle Bastarache Deputy Assistant Secretary for Public Housing and Voucher Programs 20C-9 20C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE AN APPROPRIATION ADJUSTMENT, AUTHORIZE A BUDGET REALLOCATION, AND AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $607,840, FOR THE BRISTOL STREET AND EDINGER AVENUE CLASS II BIKE LANES PROJECT WITH AN ESTIMATED TOTAL COST OF $729,542 (PROJECT NO 18-6906) {STRATEGIC PLAN NOS. 6, 1 B, 1 G} /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For rK•�rnutn�.>rc. FILE NUMBER RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $636,000 in Fiscal Year 2017-18 Bicycle Corridor Improvement Program construction funding in the Select Street Construction, Federal Grant -Indirect revenue account and reappropriating the same amount in the Fiscal Year 2019- 20 Select Street Construction, Improvements Other Than Building expenditure account. 2. Authorize reallocation of $6,542 in unspent Measure M2 Fairshare funds from the Bike Lane Project Development Project to the Bristol Street and Edinger Avenue Class II Bike Lanes Project, to complete the City matching funds requirement. 3. Authorize the City Manager to award and execute a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $607,840, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Bristol Street and Edinger Avenue Class II Bike Lanes project, subject to non -substantive changes approved by the City Manager and City Attorney. 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $729,542, which includes $607,840 for the construction contract; $93,544 for contract administration, inspection and testing; and a $28,158 project contingency (approximately 4.6% of the construction contract amount). DISCUSSION On August 8, 2016, the Orange County Transportation Authority (OCTA) Board of Directors approved the 2016 Bicycle Corridor Improvement Program (BCIP) recommended projects, which included $736,000 for the Bristol Street and Edinger Avenue Class II Bike Lanes project. This 20D-1 Award Contract to All American Asphalt for Bristol Street and Edinger Avenue Class II Bike Lanes Project December 17, 2019 Page 2 project will install 1.25 miles of bike lanes on Bristol Street from Sunflower Avenue to Central Avenue, and 0.5 miles on Edinger Avenue from Bristol Street to Flower Street (Exhibit 1). Both of these corridors pass through a mix of land uses, such as residential, schools, hospital, parks, and business shopping centers. The $736,000 BCIP grant award was recognized in the City Council -approved Fiscal Year 2017- 18 Capital Improvement Program (CIP). $100,000 of the grant was earmarked for Preliminary (Design) Engineering. However, spending authorization for the $636,000 in Construction funding was not received until July 2019. Staff is requesting City Council approval to recognize and reappropriate this grant allocation for expenditure in Fiscal Year 2019-20, and to approve the reallocation of $6,542 in unspent Measure M2 Fairshare funds needed to complete the City's $93,542 matching fund requirement. Upon approval of the requested appropriation adjustment and reallocation, the total funds available for construction will be $729,542, which is comprised of $636,000 in grant funding and the $93,542 local match. The Bristol Street and Edinger Avenue Class II Bike Lanes Project is described in the Southern California Association of Governments 2012-2035 Regional Transportation Plan Active Transportation Appendix as a striped lane for one-way bicycle travel on a street or highway. The proposed bike lanes are also consistent with the City's Bicycle Master Plan, and will extend and connect to existing and planned bike paths. Once completed, these bike lanes will improve mobility and safety of bicyclists, while accommodating traffic flow. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 2, October 9, and October 16, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 23, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. A total of 202 vendors, including 13 located in the City of Santa Ana, were notified of the project via PlanetBids. Thirty-six vendors requested bidding documents and two bids were received. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $607,840 2 Excel Paving Co Long Beach $644,734 Both bids received were responsive and All American Asphalt submitted the lowest responsive bid, in the amount of $607,840 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt in the amount bid (Exhibit 3). 20D-2 Award Contract to All American Asphalt for Bristol Street and Edinger Avenue Class II Bike Lanes Project December 17, 2019 Page 3 Project Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $729,542. Construction Contract $607,840 Construction Administration, Inspection, and Testing $93,544 Contingencies $28,158 ESTIMATED CONSTRUCTION DELIVERY COST $729,542 These amounts will cover all staffing costs for delivery of this capital project and no additional funding will be used. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (Develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.)). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016-33 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $729,542, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the Appropriation Adjustment will recognize $636,000 in Fiscal Year 2017-18 Bicycle Corridor Improvement Program construction funding in the Select Street Construction, Federal Grant -Indirect revenue account (No. 05917002-52001) and reappropriate the same amount into the Select Street Construction, Improvements Other Than Building expenditure account (No. 05917660-66220). A reallocation of $6,542 in unspent Measure M2 Fairshare funds is needed to fully fund the City's $93,542 local match requirement. The following table summarizes the funds budgeted to deliver construction of this project: 20D-3 Award Contract to All American Asphalt for Bristol Street and Edinger Avenue Class II Bike Lanes Project December 17, 2019 Page 4 Accounting Unit - Fund Accounting Unit, Account Fiscal Year Amount Account # Description Description APPROPRIATION ADJUSTMENT - REAPPROPRIATION 05917660-66220 Select Street Construction, FY 2019-20 Select Street Approved FY 17-18 Improvements Other Than $636,000 Dec. -June Construction CIP Building EXISTING PROJECT BUDGET 03217662-66220 Measure M- Measure M2 Local FY 2019-20 (Proj. 18-6906) Street Fairshare, Improvements $87,000 Dec. -June Approved FY 17-18 Construction Other Than Building C/P PROJECT BUDGET REALLOCATION 03217662-66220 (From Proj. 19- Measure M- Measure M2 Local FY 2019-20 6904) Street Fairshare, Improvements $6,542 Dec. -June Approved FY 18-19 Construction Other Than Building CIP Total: $729,542 All funds are scheduled for expenditure in Fiscal Year 2019-20. Fuad S. Swiss, PE, PLS Executive Director Public Works Agency FSS/NS/WEG/ZK/RC Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 20D-4 Exhibit 1 ---------------I I � CENTRAL AVE I I I vs I I d I ! N I I I � I I I ! I I I HEMLOCK MAY ! p p I I SEEOERSTROM AVE I p p p p I I I I I I I � r,AHv AVE �, I I I � ! ! ALTON AVE I I I I p p � p p p I I I NACARTLIUR BLVO I p p p ! I I � N I I I I m p I � I CALLEMS COMMON I ! I I I I p I I I SUNFLOWER AVL7 NO SCALE I r l-------------1 — — — — — — — — — — No 5CALE I p I BRISTOL ST p I � I I � p I a I I o MAGNOLIA AVE I I � I i p p p I p I j BAKER ST p I I I I I f a p I ROSEYOGO AVE I I p I I W ! I L I I ff SHELTON ST p I p I PARK OR ' I p I p TOYNER ST I I I TOYNER ST I I I � LOYELL 5T LOVELL ST _� I I I I I s I CLIVE ST I 6 I W ! I I I � � FLUVER 57 ---------------J SANTA ANA PROJECT 18-6906 . % EDINGER AVENUE AND BRISTOL P �i STREET CLASS II BIKE LANES [CML- PUBLICMRNSAGENCT 20D-5 City of Santa Ana Page 1 Bristol Street and Edinger Avenue Class II Bike Lanes (18-6906 (CML-5063(180))), bidding on October 23, 2019 2:00 PM Printed 11/20/2019 Bid Results EXHIBIT 2 Bidder Details Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, CA 92879 United States Respondee Edward J. Carlson Respondee Title Vice President Phone 951-736-7600 Ext. Email publicworks@allamericanasphalt.mm Vendor Type CADIR License # 267073 CA DIR Bid Detail Bid Format Electronic Submitted October 23, 2019 1:58:33 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 193126 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type Proposal Santa Ana Proposal20191023_13574584.pdf General Attachment Ownership Affidavit Santa Ana -Ownership Affdavit20191022_14261080.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Bid Bond -Edinger -Santa Ana20191022_10113280.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit Santa Ana -Non -Collusion Affidavit20191022_14240859.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Items 1 Install Thermoplastic White Lane Line Per City of SA (1125B-1, Detail "1" ) LF 15815 $0.93 $14,707.95 2 Install New 2" Square Steel Post and Sign Per (STD. Plan 1504) EA 41 $214.89 $8,810.49 3 Install New Sign EA 31 $136.10 $4,219.10 City of Santa Ana Page 2 Bristol Street and Edinger Avenue Class II Bike Lanes (I 8-69G6 (CML -5063(180))), bidding on October 23, 2019 2:00 PM Printed 11/20/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Install Thermoplastic 6" Solid White Bike Lane Line (CT A20D, Detail "39") LF 26016 $1.00 $26,016.00 5 Install Thermoplastic 6" Dashed White Bike Lane Line (CT A20D, Detail "39A") LF 5515 $1.00 $5,515.00 6 Bike Lane Legend (Detail "A") EA 52 $773.62 $40,228.24 7 Bike Lane Merging Area (MMA) SF 11641 $9.31 $108,377.71 8 Install Thermoplastic 6" White Strips Every 20'0.0 at 45 deg, LF 2661 $2.87 $7,637.07 9 Install Thermoplastic Turn Lane Line Per City of SA (1112513-1, Detail "2") LF 3298 $1.43 $4,716.14 10 Install Signs Noted Facing Opposite Flow of Traffic B-to-B EA 53 $171.91 $9,111.23 11 Install or Refresh Thermoplastic Legends and Arows, as Shown EA 80 $85.96 $6,876.80 12 Remove Conflicting Striping (Grinding/Sandblasting) LF 15537 $1 A3 $22,217.91 13 Remove Legends and Arrows (Grinding/Sandblasting) EA 19 $179.08 $3,402.52 14 Install Type "E" Loop EA 73 $322.34 $23,530.82 15 Install Type "Q" Bike Loop EA 12 $465.60 $5,587.20 16 Install Type"D" Bike Loop EA 41 $465.60 $19,089.60 17 Install Thermoplastic 12" Wide White Crosswalk Lines SF 5682 $2.87 $16,307.34 18 Install Thermoplastic 4" Yellow Left Edge Line (CT A20B, Detail "25A") SF 880 $2.51 $2,208.80 19 Install Thermoplastic Double Yellow Line Per City of SA (1112513-1, Detail "A") LF 1471 $3.58 $5,266.18 City of Santa Ana Page 3 Bristol Street and Edinger Avenue Class II Bike Lanes (18-6906 (CML-5063(180))), bidding on October 23, 2019 2:00 PM Printed 11/20/2019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 20 PCC Curb (Type B-1) LF 1200 $41.67 $50,004,00 21 Raised Concrete Median SF 360 $75.22 $27,079.20 22 AC Pavement Per City of SA (1118 or 1118A, Detail "G") TN 250 $225.49 $56,372.50 23 Remove existing pull box and install new No. 5 traffic rated pull box EA 2 $1,146.10 $2,292.20 24 Install Thermoplastic White Lane Line Extension Per City of SA STD. Plan NO. 1125B-2. Detail "8". LF 150 $2.87 $430.50 25 PCC Bus Pad per City of Santa Ana Sid. Plan No. 1108 SF 1200 $33.01 $39,612.00 26 Unclassified Excavation CY 260 $170.16 $44,241.60 27 Install Video Detection System at Bristol St. R Alton Ave. LS 1 $43,981.56 $43,981.56 28 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $607,839.66 Total $607,839.66 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Install Thermoplastic White Lane Line "I" 15,815 LF $ qj $ �/ i /l Per City of SA (1125B-1, Detail ) ,—V7. 2 Install New 2" Square Steel Post and Sign 41 EA $ ?jq.T9 $ gt$ `O �� Per (STD.Plan 1504) 3 Install New Sign 31 EA $ $ 5 Install Thermoplastic 6" Solid White Bike "39") 26,016 LF $ 1.00 $ i 2�i, 0Ib Lane Line (CT A20D, Detail 6 Install Thermoplastic 6" Dashed White "39A") 5,515 LF $ ��U $ S s`s , Bike Lane Line ( CT A20D, Detail r 7 Bike Lane Legend (Detail "A") 52 EA $ 79�, 62 $ yo/ V o�. 2� bo 8 Bike Lane Merging Area (MMA) 11,641 SF $ I Imo/ $ 9 Install Thermoplastic 6" White Stripe 2,661 LF $ � $ 7 6•S•�-� Every 20' O.0 at 45 deg. (A t 10 Install Thermoplastic Turn Lane Line Per "2") 3.298 LF $ 1.y3 $ yr7�b )� -1 City of SA (I 125B-1, Detail I I Install Signs Noted Facing Opposite Flow 53 EA $ h of Traffic B-to-B - r 12 Install or Refresh Thermoplastic Legends 80 EA $ SS�`� I $ 6 g76 g0 and Arrows, as Shown V 13 Remove Conflicting Striping 15,537 1 LF $ U�/�t I I-3 $ (Grinding/Sandblasting) - L212�1,�1� 13.1 Remove Legends and Arrows (Grinding/Sandblasting) 19 EA $ M-08 $ 1 yotsz 14 Install Type "E" Loop 73 EA $ $ 14.1 Install Type "Q" Bike Loop 12 EA $ y(,s 60 $ &I ss'i,za 14.2 Install Type "D" Bike Loop 41 EA $ gt;S.&0 $ H08q.6o P-1 of P-40 20D-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS Il BICYCLE LANES FEDERAL PROJECT NO: HS1PL 5063(180) Item Description Qty Unit Unit Price Amount IS Install Thermoplastic 12" Wide White Crosswalk 5,682 SF ?.� $ 1lp)�/• Lines )� 16 Install Thermoplastic 4" Yellow Left Edge Line (CT A20B, Detail 1125A") 880 SF $ ts11 $ 2 wly8 KO 17 Install Thermoplastic Double Yellow Line Per City of SA (1125B-1, Detail "4") 1,471 LF $ -59 $ IS PCC Curb (Type B-1) 1,200 LF $ Ll 161 $ 18.1 Raised Concrete Median 360 SF $ $ 27 oil- a 18.2 AC Pavement Per City of SA (I I I8 or "G") 250 TN $ q $ 1118A, Detail )VZ' 19 Remove existing pull box and install new 2 EA $1t'N6.(D $ Z� 1 No. 5 traffic rated pull box. 20 Install Thermoplastic White Lane Line 150 LF $ $ Extension Per City of SA STD. Plan NO. "8". g Z t �i� • S� 1125B-2. Detail 21 PCC Bus Pad per City of Santa Ana Std. 1,200 SF $ $ Plan No. 1108 .t � ,SS -361t (D t 22 Unclassified Excavation 260 CY NO- U0 $ —1-t, 615 23 Install Video Detection System at Bristol 1 LS $ $ r St. & Alton Ave. —I , nEC7 , 24 Labor Agreement Oversight I I LS $IQ 00.00 $10,000.00 TOTAL BASE BID $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for P-2 of P-40 20D-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within eighty (90) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be S1,000 per calendar day. Name of Firm All American Asphalt Signature of BIDDER � �—�— \ Title Edward J. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) /ll J401CCi cC,4 ASPhC4,t' F-Aw"'V-S, P-3 of P-40 20D-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(I80) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson, Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-4 of P-40 20D-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS If BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Asphalt Business Address: 400 East Sixth Street; Corona, CA 92879 Business E-Mail Address: publicworks(cDallamericanasphalt Telephone: (951) 736-7600 State Contractor's License No. and Class: 267073 Class A C-12 License Expiration Date: 01/31/2020 State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: Signed: 06/30/20 Title: Edward J. Carlson, Vice President P-= of 1)-40 20D-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson, (if an individual, so state) Vice President P-6 of P-40 20D-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA I COUNTY OF 9ik41ic,& Riverside I ss: CITY OF S"M"V "A Corona 1 Edward J. Carlson , being duly swam, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of: Vice President a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one orthe parties making the foregoing proposal as ajuint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or any other person. Signature of Bidder Edward J. Carlson, Vice President �Gr✓ �� G�i �� to before me this day of 20 Signature of officer Administering Oath 11-7 of P- 0 20D-15 'CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside -\ KELLEY CVAA Notary Public - California F- Riverside County Commission"2265530 my Gj, Nc2C2"t Subscribed and sworn to (or affirmed) before me on this 22ND day of October. 2.019, Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and Signature ��� Place Notary Seal Above Signature of tary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this forth to another document. Further Description of Any Attached Document Title or Type of Document Ownership Affidavh Document Date: None Number of Pages: 1 Signers) Other Than Named Above: None Top of thumb here Top of thumb here 20D-16 Bid Bond No. 08597423 CITY OF SANTA ANA Bid Date: 10/23/2019 PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE, AND BRISTOL ST. CLASS Il BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of Ten Percent of Total Amount Bid Dollars ($10% of Bid ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 16th day of October 2019. BIDDER* All American Asphalt 400 East Sixth Street, Corona, CA 92879 (951) 736-7600 1`=8 ward T- Cvrl sod U i C� (�resldwvY SURETY* Fidelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA 90017 (213) 270-0600 David Wei a )fs= H Ran p>)r rec o qkQ :U .t. •- Rebecca Haas -Bates, Attorney -in -Fact Subscribed and sworn to before me this _ play Of , 20_ "See Attached" - - Signature: - Notary Public in and for the County of State of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. 20D-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. aceuraev. or validitv of that document. State of California County of Riverside On 10/22/2019 before me, Kelley Cima, Notary Public Date Here meant name and Tflle of the Officer personally appeared Edward J. Carlson Cw Notary public C California Riverside County Commission x 2265530 — My COmm. Expires Nav 2. 2022 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/hediheir authorized capacity(ies), and that by his/her heir signature(s) on the instrument the person(&), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS my hand arsd official seal Signature r Place Notary Seal Above Sig:Z NbWy Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Bid Bond Document Date 10/16/2019 Number of Pages: One(l) Signer(s) Other Than Named Above: Fidelity and Deposit Company of Maryland Capacity (ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner ❑ o Limited o General ❑ Attorney in Fact ❑ Trustee Top of Numb here ❑ Other: Signer is Representing: Signer's Name: ❑ Individual • Corporate Officer —Title(&): _ ❑ Partner ❑ o Limited o General ❑ Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here 20D-18 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § I IT - A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 10/16/2019 before me, A. MacFarlane, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Name(*of SignetIV who proved to me on the basis of satisfactory evidence to be the persons) whose name(4 is/a% subscribed to the within instrument and acknowledged to me that ha/she/they executed the same in hisfher/their authorized capacity, and that by Wher/their signature4on the instrument the personK or the entity upon behalf of which the persons) acted, executed the instrument. . A. MACFARLANE 11 Notary Public - California Orange County Commission R 21885g2 My Comm. Expires Mar 27.2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 4' / Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10/16/2019 Number of Pages: One 1 Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual CBAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: r ..�. .. .. :0 • :1r •a 20D-19 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall he valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 16th day of October 2019 o 0.ls ®RI*p By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.rei)ortsfclaims@zurichna.com 800-626-4577 20D-20 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE. PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies'), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, its true and lawful agent and Attomey-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and m its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and ,/y'F'+I.�DELITY AND DEPOSIT COMPANY OF MARYLAND, this 11 th day of June, A.D. 2019. f '4 a ever.'urt,t� ;ic i0st { *f'O86A ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By Dawn E Brown Secretary State of Maryland County of Baltimore On this I Ith day of June, A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert A Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public ryrrxai,Nl„s. My Commission Expires: July 9, 2023 20D-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS it BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %:%of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name �St- License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name _CA License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ t- - � cr'l S I - a Name License #/Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Biddetr Edward J. Carlson, Vice President P-9 of P-40 20D-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. City of Moreno Valley; 14177 Fredrick St; Moreno Valley CA 92552 Name and Address of Owner. Henry Ngo, P.E. (951) 413-3106 Name and Telephone Number of person familiar with project. $445,821.50 Street Improvements Contract Amount Type of Work 11/2018 Date Completed 2. City of Aliso Viejo 12 Journey Street STE #100 Aliso Viejo CA 92656 Name and Address of owner. Mari Shakir (949) 425-2556 Name and Telephone Nun $657,770.00 Contract Amount of person familiar with project. Road Rehabilitation Type of Work 10/2018 Date Completed 3 City of Jurupa Valley 8304 Limonite Avenue Suite M; Jurupa Valley, CA 92509 Name and Address of owner. Name and $781,845.00 Contract Amount of person with project. Pavement Rehab 09/2018 Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Owen M. Brown Insurance Fidelity and Deposit Company of Maryland Millennium Corporate Solutions 777 S Figueroa St # 3900 5530 Trabuco Rd Los Angeles, CA 90017 Irvine, CA 92620 (213)270-0600 (949) 857-4500 P-10 of P-40 20D-23 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I. City of Irwindale 5050 N. Irwindale Avenue; Irwindale, CA 91706 Name and Address of Owner. Name and Telephon $285,503.10 Contract Amount Number of person familiar with project. _ Resurfacing Project Type of Work 2 County of Los Angeles P.O. Box 7508; Alhambra, CA 91802 Name and Address of owner. 08/2018 Date Completed Hoda Hassan (626) 458-3144 Name and Telephone Number of person familiar with project. 3,288,999.00 Road Rehabilitation 11/2018 Contract Amount Type of Work Date Completed 3. City of Rolling Hills Estates 4045 Palos Verdes Drive; Rolling Hills, CA 90274 Name and Address of owner. Scott Gibson (909) 210-05484 Name and Telephone Number of person familiar with project. 1,203,292.50 Street Resurfacinq 09/2018 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Owen M. Brown Insurance Fidelity and Deposit Company of Maryland Millennium Corporate Solutions 777 S Fiqueroa St # 3900 Los Angeles, CA 90017 5530 Trabuco Rd Irvine, CA 92620 (213)270-0600 (949) 857-4500 P-II ofP-40 20D-24 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired. connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed J. Cads6n, Vice President State of California County of set, tY71 C4_ I _ Su�se ' ed and sworn to (or affirmed) before me on this �-�` �ddaay of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before e- _,_ Notary Public Signature Notary Pub 1 P-12 of P-40 20D-25 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside ®R, NELLEYNotary Puhiic-CRiverside County Commission :2265530 My Comm. Expires Nov 2, 2022 Subscribed and sworn to (or affirmed) before me on this 22ND day of October. 2019. Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) r Signature V�k6/�/ Place Notary Seal Above Signature of Nqt ry ublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: None Number of Pages: 1 Signer(s) Other Than Named Above: None Top of thumb here Top of thumb here 20D-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the perfonnance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-13 of P-40 20D-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Edward J. Carlson, Vice President Firm; All American Asphalt Date: [(J - 2 2- G( P-14 of P-40 20D-28 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) STATEMENT REGARDING APPRENTICESHIP REOI IREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Edward J. Carlson Vice President Firm: All American Asphalt Date: %- Z Z- 19 P-15 of P-40 20D-29 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (I8 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Edward J. Carlson Vice President Firm: All American Asphalt Date: a _?2_1 C, — P-I6 of P-1 ) 20D-30 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. P-17 of P-40 20D-31 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) BIDDER'S STATEMENT REGARDING REQUIRED FEDERAL CONTRACT PROVISIONS (FORM FHWA-1273) The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the required Federal Contract Provision (Form FHWA- 1273) as shown in the appendix of the Special Provisions of this project. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date P- I S A, P- 40 20D-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION The bidder All American Asphalt proposed subcontractor hereby certifies that he has .,.L has not _, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 1 l l 14, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements. Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.) Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date P P-19 of P-40 20D-33 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Slats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has _ , has not,been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not' in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title Edward J. Carlson, Vice President Finn All American Asphalt Date 10 2216i P-20 of P-40 20 D-34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date P-21 of P-40 20D-35 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) TITLE 49 CODE OF FEDERAL REGULATION PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The bidder under penalty of perjury, certifies that except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within past three years; has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining bidder's responsibility. For any exception noted above, indicate below to whom it applies, initialing agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification. Signed Title Edward J. Carlson, Vice President Firm All American Date P-22 of P40 20D-36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE, AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) NON -LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influence or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriate funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities,' in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub -recipients shall certify and disclose accordingly. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date /b-ZZ-1 q • Standard Form LLL may be obtained from Caltrans and FHWA offices. P-23 of P-40 20D-37 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) DISCLOSURE OF LOBBYING ACTIVITIES DISCLOSURE OF LOBBYING ACTIVITIES pppmep ty O1e Complete this form to disclose lobbying activities pursuant b 31 U.S.C. 1352 nvamas Type of Federal Action: 2. Status of Federal Action: Vw w 3. Report Type: a. contract ❑a. bitl/ofler/application a. majal filing ,grant b. initial award b. material change c:`cooperative agreement C. postwward For Material Change Only: d. loan uarter e. loanguaranteedate of last report f. Ican insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawa- Etter Name in ❑ pny -[] sucreereer and Address of Prime: 'Tyr— ifknown: Congressional District. ifknown; Congressional District. ifk=&im- 6. Federal DepartrrsenUAgerwy: T- Federal Program Name/Description: CFDA Number, dapphcvble: 1. Federal Action Number, ryinorn: 9. Award Amount, if known: 1 10. a. Name and Address of Lobbying Entity b-Individuals Performing Servicas (snci dng.addesr if (ifind'vidual. last none. first name, k4f: ddWent from No. 10a) (hat name, r"t name. Ml ): IY I /alb0'1 CmMatbn sneayil SF�tt-A 1neR 11. Amount of Payment (check all Nut apply): 13. Type of Payment (cheek aft that apply): 3 ❑clear ❑ oana ❑ a. -nrr ❑ n orrarrr PrO ❑ c. contneutm 12- Form of Payment (check a1 Mat apply): ❑ a cant ❑ a aorrur4pot roe ❑ o Ot-kata rprtlfy: nature ❑ 1. arrNd Value ❑ f. gnat Opacity: la. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment Indicated in Item 11: J9 Calrr/alaun sl Sr-iult yneat,aa 15. Continuation Sheets SF-LLLA attached: Yu I Ina 16.,s rOMy.�r re�•r�,r„rrr.. >�uac.�. Sgnaturs: rre.�r.. Pn. Nam Edward J. Carlson Trtle: Vice President •n,neye^rerr r�..r rr sr.®.r �r �.rnm®r Telephone No.: (9511 736-7600 Date: 'y'j.gi',. Federal Use Only: AUIneiM b heal nrroaran (Nei. 19T1 P-24 of P-40 20D-38 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. 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Putpc repIXtlnq Im ourpen for des NIeNm a -OTMCOn b: 6nrN0epb ]Vbage JO 1Mllle pM (lipprl6G ItItlINg MR br tCAlaeg e1®Ntlhy. eeiVYy ebgry �0 iauM1Ye gYlenlg arb TaR.inbq Ile n+-a', ){cedar m0 tclu" g 911 leele'W r b0 cal¢Non - Mntr o S-b Uwwp Ile regi Budget. ge Oulpn eRlnaM - mY Near apea of tea mneUW O IdUrinmprl.IlCRgIS i{l3gBidIXR W BLLW11g MYf Sla1YM1 b dle ONd pf YalY9RlHrR116 bllglt. papNYpta f4eRUptlM ]pSaJ. WaJeG DC 103a8a0a61. Wawl9td, P-25 of P-40 20D-39 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT 1. Local Agency: City of Santa Ana 2. Contract DBE Goal: 3. Project Description: Bristol Street and Edinger Avenue Class II Bike Lanes 4. Project Location: On Bristol Street from Sunflower Avenue to Central Avenue. On Edinger Avenue from Bristol Street to Flower Street 5. Bidder's Name: All American Asphalt 6. Prime Certified DBE: ❑ 7. Bid Amount: $607,839.66 8. Total Dollar Amount for ALL Subcontractors: $255,728.13 9. Total Number of ALL Subcontractors: 2 10' Bid Item Number 11. Description of Work, Service, or Materials Supplied 12. DBE Certification Number 13. DBE Contact Information (Must be certified on the date bids are opened) 14. DBE Dollar Amount 14, 14.1. 14.2, 19,23 Electrical 31277 California Professional Engineering Incl(626) 810-1338 929 Otterbein Avenue, Unit E, La Puente, CA 91748 $65,950.00 Local Agency to Complete this Section upon Execution of Award $ 65,950.00 21. Local Agency Contract Number: 22. Federal -Aid Project Number: CML 5063(180) 15. TOTAL CLAIMED DBE PARTICIPATION 23. Bid Opening Date: October 23, 2019 0.84 24. Contract Award Date: IMPORTANT: Identify all DBE firms being claimed for credit, 25, Award Amount: regardless of tier. Names of the First Tier USE Subcontractors and Li eir respective items) of work listed above must be consistent, where applicable with the names and items of the work in the Local Agency certifies that all DBE certifications are valid and information an "Subcontractor List" submitted with your bid. Written confirmation of this form is complete and accurate. each listed DBE/is req/uir d 26. Local Agency Representative's Signature 27. Date 16. Pr 0arer's $' nature 1 .. Date fdw&v,L 5t GG g se, w-00 28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone 30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original - Local Agency 2. Copy - Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de -obligation of federal funds on contract. 3. Include additional copy with award package. ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. P-26 of P-40 20 D-40 If you are the apparent low, please inform CPE within 48 hours. Long lead materials apply. CALIFORNIA PROFESSIONAL ENGINEERING, INC. 19-3104 -------------- Project Name: Bristol/ Edinger Bike Ln Project #: 18-6906 Agency: CITY OF SANTA ANA Bid Due Date: 1012312019 929 Otterbein Avenue Unit E, La Puente, CA 91748 License # 793907 Exp: 04/30/2021 Classifications: A, C-10, C-20 LSBE Certified LA County #54567 Exp: 11/30/2020 SBE Certified DGS #54567 Exp: 11/30/2020 SMBE/DBE/UDBE Certified Caltrans #31277 DIR #1000377609 Exp,06/30/2020 Union Signatory Laborer's Local and IBEW Bid Due Time: 2:00 PM Conditions Set Forth: 1. Estimate based on one (1) mobilization unless noted otherwise. Additional mobilization at $3,500.00/ea. 2. If loop work: stubout must be existing & marked If not called out to be replaced per plans. Cat -tracking shall be approved prior. Should loop quantities be decreased, a minimum mobilization of $4,500.00 shall supersede. 3. One work day based on eight (8) standard consecutive work hours per day. At least 3-weeks notification required; subject to scheduling availability. 4. Quote valid for thirty (30) days. CPE reserves the right to revise our quotation as necessary. 5. Should HKA be the acting consultant/inspectors on behalf of the Agency, CPE reserves the right to withdraw our bid. CPE is pleased to provide this esiinmie fur the intended use ofEhe Contrador tofurnish (nborand/or material in strict accordance with fbePlana and speel ,ca6bns xs,/cillourc: Item`# 77 Uescrrptlon` UQM �EA QtY lnit Prlc ' ` I'll`' ; ,NSubtotal 14 Install Type "E" Loop 73 225.00 16,425.00 *DLC Is Included where called out for on the plans 14.1 Install Type "Q" Bike Loop EA 12 325.00 3,900.00 *DLC is Included where called out for on the plans 14.2 Install Type "D" Bike Loop EA 41 325.00 13,325.00 *DLC is included where called out for on the I plans 19 Remove existing pull box and Install new No. 5 EA 2 800.00 1,600.00 traffic rated pull box I23 Install video detection system at Bristol St, & LS 1 30,700.001 30,700.00 Alton Ave Exclusions: Bond & Bond Premium; Overtime and/or Nighttime Rates; All Permits; All Training Requirements; Signage; Lane Closure Request, Traffic Control, and Traffic Control Plan; Light Towers; CMS boards; Sharing; Water; Sidewalk & Surface Concrete; Regulatory Signs; Hauling Dirt, Debris, & Concrete Foundation Away; Handicap Ramps; Repaving Street; Repaving Potholes; Saw Cutting; USA Marking Removals; Irrigation Work; Dewatering; Striping; Survey; Fencing; Cold/Hot Mix; Temp. Asphalt; Inspection Fees; Temporary Loops; Temporary Signal; and/or High Voltage Line Conflicts, Unless Otherwise Noted Above, Standard Certificate of Insurance will be provided upon request, Any additional requirements will be billed at cost. Hot Mix Asphalt shall be provided by Contractor to CPE to backfill any potholes and/or excavations. If It is not provided and we utilize temporary Cold Mix, CPE will not be held liable for any claims that may derive from such pothole and/or excavated location. Terms: Unless other arrangements are made, payment Is due & payable withinin 30 days upon completion; 1.5°/a monthly interest will apply thereafter, Bid based on entire bill of material and services and is inseparable unless written authorization is provided by CPE. Acceptance TOTAL: $65,950.00 Ph: (626) 810-1338 / Fx: (626) 810-20D#4Istimating@cpengineeringinc.com 10123/2019 UCP Web Application - List Skip to Main Content Back To Query Form (IicenseForm.htm), Search Returned 1 Records Wed Oct 23 14:48:26 PDT 2019 Query Criteria Certification Types: DBE Firm ID: 31277 Firm ID 31277 DBA Name CALIFORNIA PROFESSIONAL ENGINEERING INC Firm Name CALIFORNIA PROFESSIONAL ENGINEERING, INC. Address Line1 929 OTTERBEIN AVENUE, UNIT E Address Line2 City LA PUENTE State CA Zip Code1 91748 Zip Code2 Mailing Address Line1 Mailing Address Line2 Mailing City Mailing State Mailing Zip Code1 Mailing Zip Code2 Certification DBE Type EMail van@cpengineeringinc.com Contact Name VAN TAN NGUYEN Area Code 626 Phone Number 810-1336 Extension Alt Area Code Alt Phone Number Extension Fax Area Code 626 Fax Phone II10-1322 Number Agency Name DEPARTMENT OF TRANSPORTATION Counties 10; 15; 19; 30; 33; 36; 37; Districts 06; 07; 08; 11; 12; DBE NAICS 237310; 238210; ACDBE NAICS https:#ucp,dol,ca.govlquerySubmit.htm 20 D-42 112 10/23/2019 UCP Web Application - List Work Codes C8611 RAMP METERING SYSTEM; C8603 SIGNAL; C8608 DETECTOR; C8501 PAVEMENT MARKER; C8602 SIGNAL & LIGHTING; C8604 LIGHTING; Licenses A General Engineering Contractor; C10 Electrical Contractor; Trucks Gender M Ethnicity ASIAN PACIFIC Firm Type DBE https://ucp.dot.ca.gov/querySubmit.htm 20 D-43 2!2 CITY OF SANTA ANA PROPOSAL PROJEM' NO.: 18-6906 EDINGIER AVE, AND BRISTOL ST. CLASS If BICYCLE LANES FEDERAL PROJECTNO: HSIPL 5063(180) 1 XHIBI'T' 15-E1 DBE INFORN4A7'IQJ — GOOD FAITH EFFORTS Federal -aid Project No(s), LML5063 II8l)j,_ Bid Opening Data __October 23 2QI9 The City of Sputa A.na__ established a Disadvantaged Business Enterprise (DBE) goal of 26 % for this contact. The information provided herein slums the required good faith efforts to meet or exceed the DBE contract goal. Proposers or bidders submit the following information to document their good faith efforts within Five (5) business days from bid opening. Proposers and bidders are recotmmended to submit the following information even if the Exhibit 10-01: Consultant Proposal DBE Commitments or Exhibit 15-0: Construction Contract D13B Commitment indicate that the proposer or bidder has met the DBE gout This form protects the Proposer's or bidder's eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e g., aDBE firm was not certified tit bill ol)ening, or the bidder made a mathematical error, The following items are listed in the Section entitled "Submission of DI3E Commitment" of the Special Provisions; Please attach additional sheets as needed: A, The riamos and elates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication): Publications Dates of A B, The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, Prix confirmations, etc,): Names of DBEs Solicited Date ofInitial Follow Up Methods and Dates P-29 of P-40 20 D-44 CITY OF SANTA ANA PROPOSAL PROJECTNO,: 1.8-6906 EDINGER AVE. AND BRIST"OL ST. CLASS 1] BICYCLE LANES FEDERAL PROJECT NO; HSIPL 5063(l80) C, The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient, work to facilitate DBE participation in order to met or exceed the DBE contract goal. Items of Work Bidder Normally Breakdown of Amount Percentage Performs Item (Y/N) Items (,Si) Of ElectricalN 14 14.1,14.2,19 23 _$65 950.00 10.84 D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE: Navies, addresses and phone numbers of reieeted DBEs and the reasons for the bidder's rejection of the DBEs: California Profession ineednais only DBE we receive_a_gvote from Names, addresses and phone numbers of firms selected for the work above; E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs: Made available in office free of charge _ R Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or Insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate; 13.30 of P-40 20D-45 CITY OF SANI'A ANA PROPOSAL PROJECT NO.: 18-6906 EDINGkER AVE, AND BRISTOL ST, CLASS lI BICYCLE LANES FEDERAL PRQJFCT NO: HSIPL 5063(180) G. The names of agencies, organizations or groups contorted to provide assistance in contacting, recruiting rind using DBE firms (ploase attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc,): Nance of Method/Da'teof Results AcnOganiration Contact International Union of Operating Engineers Letter-10/18/19 Received :ement Masons Letter-10118/19 H. Any additional data to support a demonstration of good faith efforts: Please See Attached NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY, P-31 of P-40 20 D-46 Menu Register Logout seeking DBE Subcontractors and Suppliers Edit Description :: DBE -Sub and Supplier Bids Requested From DBE Subcontractors and Suppliers for the following project: City of Santa Ana Project: Bristol St and Edinger Ave Class II Bike Lanes Federal Project# CML-5063 (180) BID DATE: 10/23/2019 @ 2PM Quotes are requested for (but not limited to) the following services & suppliers: Traffic Loops Traffic Control Devices and/or Plans Striping and Marking & Removals DBE Sub Quotes STRONGLY Encouraged Category : MBE/DBE/WBE/VBE/LBE Expiration date: 10/23/2019 s Need help? x Our staff are always ready to ,. Wss%•: help 20 D-47 Live help is on lino... Publisher Information Name: Edward Ryu , Need help? > ,� _� Our staff are always ready to `la'_. help 20 D-48 Live help Is online... Posted:10/17/2019 03:56 pm Last updated: 10/1 7/2019 03:56 pm Post an Ad My Ads Search Ads Ads by Category Cars & Trucks Const. Equip. Const. Materials Employment MBE/DBEIWBE/VBE/LBE Misc. Items Services Available Services Needed Business News ConstructConnect and Dodge to Merge? Your Help Needed to Push Back Against Govt. Corruption Bid Ocean & NAPC to Launch $2 Trillion in Digital Currencies AMERO Vendor Directory Now Online AMERO Launch Temporarily Delayed by Fake Vendor Registrations AMERO Digital Currency Now Live AMERO Digital Currency Transactions Have Started United Rail, Inc. 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Community: Announcements • All Categories • Jobs • Vehicles • Items for Sale • Pets • Real Estate • For Rent • Services • Personals • Community • All Community, • Announcements • Carpool • Churches • Free Stuff • Garage Sales • General Entertainment • Items Wanted • Lost & Found • Musicians & Bands • Volunteers • Zip or city • Riverside - San Bernardino • More locations > Your ad has been posted. Post another ad Edit this ad Help page Your stuff Share your ad for more visibility! Santa Ana, CA in Santa l _ I Ana, l_SEARCH CA 20D-51 https://www.classifiedads.com/announcements/82z6bmt8z 1 f5x 1/4 10117/2019 Seeking DBE Subcontractors and Suppliers - Classified Ad Seeking DBE Subcontractors and Suppliers Share & Like Share this M. Ad #525450145 Created: October 17, 2019 Expires: April 17, 2020 Viewed: 0 times Avoid scams Signs of fraud: wire transfer, money orders, cashier checks, payment via gift cards, shipping, escrow, "transaction protection", "guarantee". Be safe by dealing locally, Read more Overview Respond to this Ad Ad number:#525450145 Contact:Kim Bird Phonc:951-736-7600 City: Corona Zip:92879 Posted in: Orange County Announcements Description Description:: DBE - Sub and Supplier Bids Requested From DBE Subcontractors and Suppliers for the following project: City of Santa Ana Project; Bristol St and Edinger Ave Class II Bike Lanes Federal Project # CML-5063 (180) BID DATE: 10/23/2019 @ 2PM Quotes are requested for (but not limited to) the following services & suppliers: Traffic Loops Traffic Control Devices and/or Plans Striping and Marking & Removals DBE Sub Quotes STRONGLY Encouraged Category: MBE/DBE/WBE/VBE/LBF, Report this ad 20D-52 https://www.classifiedads.com/announcoments/82z6bmt8zlf5x 214 10/17/2019 Expiration date: 10/23/2019 Seeking DBE Subcontractors and Suppliers - Classified Ad Respond to this Ad Your name Your email Message Send Message Report this ad Type of problem: 0 Harassment 0 Spain 0 Scam or fraud 0 Wrong category 0 Violation of terms Other (please comment) Your email (optional) publicworks@allamericanasphalt.com C? I would like a response URL (optional) Comment (optional) Send repork a , Sending... *= Sending... Ads related to aruroancemenfs 50% Off Grad Announcements - Free Shipping. Fast Delivery_ Cool graduation announcements & graduation invitations at Simply to Impress www. simplytoimpress. com No Photo Graduation Announcements - More Info https://www.classifedads.com/announcements/82z6bmt8zlf5x 3/4 1011712019 Seeking DBE Subcontractors and Suppliers - Classified Ad About Locations More information Terms of Use Privacy. Help Contact Careers Blog © 2019 ClassifiedAds.com, Inc. All rights reserved. 20D-54 https://w .classifiedads.com/announcements/82zBbmtBzl f5x 4/4 Kelley Cima From: ClassifiedAds.com <noreply@classifiedads.com> Sent: Thursday, October 17, 2019 1:59 PM To: Public Works Subject: Your ad has been posted: Seeking DBE Subcontractors and Suppliers Dear Kim Bird, YOUR AD HAS BEEN POSTED. Please keep this email. You will need it to manage your ad. EDIT your ad by clicking this link: httPs://www.classifiedads.com/21001.39v52545Ol45v467ab6a4—edit DELETE your ad by clicking this link: https://www.classifiedads,com/2100139v525450145v467ab6a4—delete VIEW & SHARE your ad by clicking this link: https://www.classifiedads.com/announcements/82z6bmt8zlf5x QUESTIONS? See our help page and contact us by clicking this link: https://www.classifiedads.com/info.php?help If your email program does not recognize the links above, simply copy and paste the link into your web browser address bar. Thank you for posting on ClassifieclAds.com! SCAM WARNING: Only deal with people in your area. Don't wire funds (Western Union, Money Gram, etc.). Beware of fake cashier's checks and money orders. Beware of identity theft. Don't share your private info. Use caution when accepting relay calls from the hearing and speech impared. Avoid shipping and escrow. Avoid deals that are too good to be true. Learn more about how to avoid scams by clicking this link: https://www.classifiedads.com/info.php?fraud Please do not reply to this automated message. It was sent from an unmonitored email address. 20b-55 V 1 ALL "HUCAN -ASPHALT- AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 California Professional Engineering ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 DI R #1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cm1-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 735-7600. Sincerely, Kelley Cima Project Administrator 20D-56 10/18/2019 FedEx Ship Manager - Print Your Label(s) O � O T. x V V C4 � V j _0 Zw N -� D Z 00 Z � 2 N a N O O� Z V Z C) Z CD CD J192119091901w C�C7G wC m O T Zn CO p1—P02 o m �m c0y 0 — m Q mac Z Om ITII ITI N a Z w — = _ m n 0 m-4 m m o — CO O _ Z D mW Z �o O m mtimZ m A tom �2Wo Z rn 56/strzQCOA2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-57 https://w.fedex.mmishipping/shipAction.handle?method=doContinue ill 1 - ALL AMERICAN -ASPHALT- AN EQUAI. OPPORTUNITY EMPLOYER October 18, 2019 High Light Electrical ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 931-739-4671 P.O. Box 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE 4267073 A,C12 D1R41000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 736-7600. Sincerely, Kelley Cima Project Administrator 20D-58 10/181201g FedEx Ship Manager - Print Your Label(s) o ]Ac MOM V V V w O z � N O 0 M e,Q � Oti Z o �nn Cn G5 Z J1911199919Mw W N1 �6m O m N O rD N m v v m iCI n --1 m m C --1 m 0 i• 567J312A3CMA2 After printing this label: 1. Use the 'Print button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 O O .F,-22 n�j2 Cqq M05 =Z 5p m 1S9 cl am m 'n m.� m mom Zom rZi�WlOj Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-59 https://www.fedox.com/shipping/s h ipAction. handle?method=doContin u e ALL AMERICAN -ASPHALT- AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 Traffic Loops and Crackfilling ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229. CORONA. CA 92878-2229 CONTRACTORS LICENSE #267073 A.C12 DIR #1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cml-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 736-7600. Sincerely, Kelley Cima Project Administrator 20D-60 10/1812019 FedEx Ship Manager - Print Your Label(s) O ik Nti CD CO 00 c) a y O rn p rN oo 03� z 0 o is A �oaaosfeom� Q) m M Tm O CO 567J32MGMA27 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-61 https://www.fedex. com/shipping/shipAction.handle?method=doContinue 1/1 1 .. ALL AMERICAN —ASPHALT— AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 Maneri Traffic Control ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O, BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 DIR#1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. if you have any questions please contact Edward Ryu at (951) 736-7600. Sincerely, Kelley Cimo Project Administrator 20D-62 10/18/2019 FedEx Ship Manager - Print Your Label(s) W-C O" Z -I N rnM V In PSZ w M c� c0 0 z� CO D o 00 LrI cfl N n n Z O Z O Za - O n0 Z n balJ3MCOA2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 O gp> o orm�o N mc�Z Fig na m q� w Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available an fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-deliverymisdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitabons found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be flied within strict time limits, see current FedEx Service Guide. 20D-63 https://www.fedex. comish ippi nglsh!pAction. ha nd le?method=doContinu e ill V 1 ALL "HUCAN -ASPHALT- AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 E-Nor Innovations ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 DIP,#1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cm1-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 736-7600. Sincerely, Kelley Cima Project Administrator 20 D-64 10118/2019 FedEx Ship Manager - Print Your Label(s) N [rr Y I D 0I V V 4 V 00 N 00 W N_ a 00 m o �O G) is W � D J19E119991901uu N_ w r" r_ Z O IT! m Z a m 567J32A30A5A2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 O O DT.O rmA m3 j �c;g WO 0 WD 0 xp D H� m !q� a Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-65 https://www.fedex.com/s hipping/shi pAction. handle?method=doConti nue 1/1 1 ALL AMERICAN —ASPHALT— AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 Austin Enterprise ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 DIP, #1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cm1-5063)180) BRISTOL ST AND EDINGER AVE CLASS 11 BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 736-7600. Sincerely, Kelley Cima Project Administrator 20D-66 10/18/2019 FedEx Ship Manager - Print Your Label(s) I ram', 0 y V V M 4 N OD J 0 M O z �o s W W N_ N CZ C 0 n v C --I z m Z m X a 22 Cn m 567,32 G05A2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 O Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss -Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be fled within strict time limits, see current FedEx Service Guide. 20D-67 https://www.fadex.mm/shipping/shipAction. handle?method=doCantinue 1/1 NL1 ALL AMERICAN ASPHALT AN EQUAL OPPORI UNITY EMPLOYER October 18, 2019 Super Seal and Stripe ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. Box 2229, CORONA. CA 92878-2229 CONTRACTORS LICENSE #267073 A.C12 DIR #1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers far the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 736-7600. Sincerely, Kelley Cima Project Administrator r1M .: 10/18/2019 FedEx Ship Manager - Print Your Label(s) CID W o C Ch V V M V Cn Z Z7 0 0 M z c� S E 0 Z �ZS�a H921188fl98fuu � e -n W 0 Cr) CO 9F ' CC g� D m m .0 Co ;0 7a m �mm D �ry> =_ to20 � i0 W CO Cr) m In o zz ti no 567J32AKOP2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. A O o �A nE<20 amnz 5V'6 =p A 4� 0 a Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-deliverymisdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-69 https://www.fedox.com/shipping/sh i pActi on. handle? method=cloContin ue 1/1 1 ALL AMERICAN —ASPHALT— AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 CAT Tracking ATTN: Estimating ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 ❑IR #1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. We are requesting bids from DBE Subcontractors and Suppliers for the following items of work: Traffic Control Striping & Markings Electrical We have Plans and Specifications for review in our office. If you have any questions please contact Edward Ryu at (951) 736-7500. Sincerely, Kelley Cima Project Administrator 20D-70 10/18/2019 FedEx Ship Manager - Print Your Label(s) O Z T: V V C" ^4 O 00 .p a) to 0 M O Z N_ O n W a 0 MM dtstwsosvomv ti O N N q m to o a --t A C m C.)v Oa y z x P N CO o v n 567.3rzA3cmeA2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-71 https://w .fedex.com/shipping/shipAction.handle?method=doContinue 1/1 r 1 ALL AMERICAN —ASPHALT— AN EC -UAL OPPORTUNITY EMPLOYER October 18, 2019 Cement Masons 331 Corporate Terrace Circle Corona, CA 92879 ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. Box 2229. CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 DI R 01000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. Dear Sir/Madam: All American Asphalt is bidding on the above noted project we are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. , This project is a Federally Assisted Contract. The Federally Assisted Contracts regulation compliance requires that contractors to the greatest Extent feasible hire Minority workers for the project. We are asking for your cooperation in using Your best efforts to dispatch minority workers from your union. Please keep this letter on file. When we request that workers are dispatched to a job, we would Appreciate your assistance in helping our company and the City of Santa Ana to meet the minority Hiring requirements. Sincerely, Kelley Cima, Contracts Administrator 20D-72 10/18/201 g FedEx Ship Manager - Print Your Label(s) O O T. V V rn V Cr) O O Tto VI O i O tD M ; O " Z_ s CS Z CO -� to c) —=1 w CD a amuonarw� �o g � o O 0 o b00 .Z D Z N 00 m W W O -O O IT! IT! 0 IT! 0 c� l- m n IT! M IT! Z 1 D O Z %7,132/3C05A2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. ti Q 0 IT! M m Z i a O Z ADi;o 8�,-22 T��20 WM05 n =a > �N m N Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-73 https:/Iwww.fedex.com/shipping/sh!pAction.handle?method=doContinue 1/1 ALL AMERICAN —ASPHALT— AN EQUAL OPPORTUNITY EMPLOYER October 18, 2019 Laborers International Union 1128 E. La Cadena Drive Riverside, CA 92501 ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 DIR 010000010SI We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cml-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. Dear Sir/Madam: All American Asphalt is bidding on the above noted project we are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cm1-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. , This project is a Federally Assisted Contract. The Federally Assisted Contracts regulation compliance requires that contractors to the greatest Extent feasible hire Minority workers for the project. We are asking for your cooperation in using Your best efforts to dispatch minority workers from your union. Please keep this letter on file. When we request that workers are dispatched to a job, we would Appreciate your assistance in helping our company and the City of Santa Ana to meet the minority Hiring requirements. Sincerely, Kelley Cima, Contracts Administrator 20D-74 10/1812019 FedEx Ship Manager - Print Your Label(s) V 4 a') V C7 ep CO CAI Z a � Z n � O N CD rn z O 'i r.� C) o ? CD = CD v ZS a dtsmeosnom. �o o WD W 567n2A2CQA2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. A p 2r P= T�{Z Wmc — N gp 0 _ ;� a o m Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be filed within strict time limits, see current FedEx Service Guide. 20D-75 https://www.fedox. com/shipping/shi pActi on. ha ndle?method=doContinu e 1!1 1 ALL AMERICAN -ASPHALT- AN KI_UAL OPPORTUNITY EMPLOYER October 18, 2019 International Union of Operating Engineers 150 E. Corson Street Pasadena, CA 91103 ALL AMERICAN ASPHALT ALL AMERICAN AGGREGATES T 951-736-7600 F 951-739-4671 P.O. BOX 2229, CORONA, CA 92878-2229 CONTRACTORS LICENSE #267073 A,C12 D I R #1000001051 We are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cmi-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. Dear Sir/Madam: All American Asphalt is bidding on the above noted project we are bidding as a Prime on the following project: Project No.18-6906 FEDERAL PROJECT # cml-5063)180) BRISTOL ST AND EDINGER AVE CLASS II BIKE LANES. This Job Bids 10/23/2019 @2PM in the CITY OF SANTA ANA. , This project is a Federally Assisted Contract. The Federally Assisted Contracts regulation compliance requires that contractors to the greatest Extent feasible hire Minority workers for the project. We are asking for your cooperation in using Your best efforts to dispatch minority workers from your union. Please keep this letter on file. When we request that workers are dispatched to a job, we would Appreciate your assistance in helping our company and the City of Santa Ana to meet the minority Hiring requirements. Sincerely, Kelley Cima, Contracts Administrator 20D-76 10/18/2019 FedEx Ship Manager - Print Your Label(s) o -N V 6f O T V i N D N a z � 00 � z c� v N - m n CID 03 Z w _ T Elma Jtsznsssesmv o o -Q 5673312AXOA2 After printing this label: 1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. 0 O M Z 67 Z M M X O a r N Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.mm.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented Ioss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. Written claims must be fled within strict time limits, see current FedEx Service Guide. 20D-77 https://www.fedex.com/shipping/shipAction.handle?method=doContin ue ill CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS (DBE AND NON -DBE) — PART I FART The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2-1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms. Local Assistance Procedures Namur Bidder's List of Subcontractors Exhibit 12-8 Exhibit 12-8 Bidder's List of Subcontractor (DBE and sion-DRE) Part 1 As of Match 1, 2015 Contractors (and sub -contractors) wishing to bid on public works contracts shall be registered with the Statc Division of Industrial Relations and ewified to bid on Public Works contracts. Picric register at: htto$:Hwww.dir.ca.gov/Public-Works/Contractor-Registration.html In accordance with Title 49. Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required formch sub -contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or SI0.000 (whichever is greater). Photocopy this form for additional forms. Federal Project: Number: HSIPL 5063(180) Subcontractor Name and Location Line Item th Description Subcontract Amount Percentage of Bid Item Sub- contracted Contractor License Number DBE (Y/N) DBE Can Number Annual Gross Recelpts DIR Re Number N G� Traffic Specialist 1-13.1, 15-17, 20 g Striping & Sin $169,778.13 100% 877686 N N/A El 41Milion <$S MIOon City. State: Orange, CA 1000005503 <Slompuon 0 <Slsmlllion e of FinnS : s. Name: 14, 14.1, 14.2, 19, 23 Electrical $65.950.00 100% 793907 Y 31277 <S Mllion Engineering Inc City, State: La Puente, CA <$s Mnion U <SloMllion Lj <Sls minion Oof Firm: yrs. Ntml: dl Mlkon City, State: d5 Mllion <Slo million ❑ <SIS million e of Firm: yM Name: El 61 million City. State: y Lj SS million <S30 million HU d15 million e of Firm: yrs. Name: 41 million City. State: cSS Mllion <SIo million LF d15 million e of Firm: YM. Name: maker, Mlao City, State: <Ss Mllirm ❑ <510 million bls milli. e of Firm: res. Distribution: 1) Original -Local Agency File 2) Copy-OLAF w/Award package Page 1 of 2 January 2019 P-32 of P-40 20D-78 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) EXHIBIT 12-B BIDDER'S LIST OF SUBCONTRACTORS(DBE AND NON -DBE) PART II PART II The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms. Local Assistance Procedures Manual Exhibit 12-8 Exhibit 12-B Bidder's List of Subcontractor (DBE and Non -DBE) Part 2 In accordance with Titic49, section 26 of the Code of Federal Regulations, the [udder shall list all subcontractor who provided aquae or bid but were pot ulected to participate as a subcontractor on this project. Photocopy this form for additional firms. Federal Project Number: HSIPL36531i$d1— Subcontractor Name and Location tine Item 6 Description Subcontract Amount Percentage of Bid Item sub- contracted Contractor License Number OBE (Y/N) DBE Cart Number Annual Gross Receipts Dm Reg Number No' ne. Chris Company 1-13.1, 15-17, 20 Striping &Sign $257,475.45 l 00% 374600 N N/A million City, state: Bloomington, CA <U million 1000000306 U 4lo million 415 million Age of Firm: Ws. name: KDC Inc "a D naelectric 14, 14.1, 14.2. 19, 23 Electrical $69,138.00 100% 550173 N N/A ❑ 41 million 45 minion tg tatc Los Alamitos, CA 1000001129 <Slo mafion Ors million e of Firt m: Name. 41 Mlaon LJ 45 million City,State: 4to million ❑ 415 million e of Firm: Name. ❑ 41 million 45 Millie City, state. 410 million LJ 41S million of Firm WS Name'. LJ 41 million City. state: <55 million LJ 410 million 4$1S million e or firm yrs. Name: Ll <$1 million City. State: LJ 45 million 410 million <s15 million e of Firm: Distribution: 1) Original -Local Agency File 2) Copy-DLAE w/Award Package P-33 of P-40 Page 2 of 2 January 2819 20D-79 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(I 80) PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date t "ZI-19 P-34 of P-40 rlf :l CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) EXHIBIT 16-B — SUBCONTRACTING REQUEST Local Assistance Procedures Manual Exhibit 16-8 WNIRACIORNAME COUNTY ROUTE All American Asphalt Riverside BUSINESS ADDRESS 400 East Sixth Street CONTRACr NUMBER Cr1YANDSTATE Corona ZIPCODE 92879 FEDERAL -AID PROJECT' NUM BF.R HSIPL-5063 180 A SUBNNTRACIOR B. BIDITExt C. PERCFMAOEOF D. SUB LITED E.CERTMED F. DESCRIBE WORK C. DOLLAR AMOUNT (Name• B.St. Addn Plwn) NUMBER(S) BIDITEM AT BEDTIME DBE WHEN LESS THAN BASE➢ON THE BED SUBCONTRACTED 100%OF WORK 5 Amou.\T SUBCONTRACTED -f- Yes No Yes No p� 1 to log i• ❑ ❑ 9 1.�1 'MIS ^s'J"` }�lyI, 14•t Yes No Yes No VE-1 El El Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ Yes No Yes No ❑ ❑ ❑ ❑ 1 certify that: • The Standard Provisions for labor set forth in the contract apply to the subcontracted work. • If applicable, Form FHWA-1273 of the Special Provisions has been inserted in the subcontracts and should be incorporated in any lower -tier subcontract. Written contracts have been executed for the above noted subcontracted work. Contractor Signature I-, I Date Edward J. Carlson, Vice President This section is to be completed by the resident engineer. —r 1. Total of bid items $ 1 , 669 2. Contractor must perform with own forces (line 1 X contract req. %) 5 I L o '1 J 04 r� I • ci n 3. Bid items previously subcontracted (taken from previously approved 16-B) S A ` k 4. Bid items subcontracted (this request) $ n � -TL 14 1-3(��-' •-y� {y 5. Total bid items subcontracted Oine 3 plus 4) / s 2J Jt 1L40 13 6. Balance of work contractor to perform (line 1 minus 5) 5 !; SZ 1 1 11SZ f:a tr _ut Copy Distributim: OrighW-Contractor Copy- Resident Fiiguteet Copy. OBEO- snmllbwimssadvwate®dont casov or fax to (916) 324-1949 Page 1 of 2 January2018 P-35 of P-40 20D-81 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) Local Assistance Procedures Manual Exhibit 16-B Subcontracting Request INSTRUCTIONS FOR COMPLETING SUBCONTRACTING REQUEST FORM All first -Her subcontractors must be included on a subcontractor request. Before subcontracting work starts, the contractor will submit an original CEM-1201 for approval according to the Standard Specifications. After approval, the RE returns the original to the contractor and complete the remaining distribution as listed on the bottom of the form. D. If subcontractor was listed at bid time per the Fair Practices Act, check yes, otherwise check no. E. If subcontractor is a certified DBE contractor, check yes, otherwise check no. F and G. When a portion of an item is subcontracted, describe the portion and show the percentage of the bid item and value. G. When an entire item is subcontracted, show the full bid item value. THIS FORM IS NOT TO BE USED FOR SUBSTITUTIONS OF SUBCONTRACTORS AND UDBE, DV BE OR SMALL BUSINESS ENTITIES. Page 2 of 2 January 2018 P-36 of P-40 20D-82 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS Il BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) DIFFERING SITE CONDITIONS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the following: a. Contractor's Notification Promptly notify the Agency's Engineer if you find either of the following conditions: 1. Physical conditions differing materially from either of the following: • Contract documents • Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive the differing site condition claim for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. b. Engineer's Investigation and Decision Upon your notification, the Engineer investigates job site conditions and: I. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date 'o-Z7Aq P-37 of P-40 20D-83 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS 11 BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(I80) BIDDER'S CERTIFICATE OF COMPLIANCE REGARDING "BUY AMERICA" REQUIREMENTS FOR STEEL OR MANUFACTURED PRODUCTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the "Buy America" requirements of Section 165 of the Surface Transportation Assistance Act of 1982 and as shown in the special provisions of this project. Signed Title Edward J. Carlson, Vice President Firm All American Date /t —ZZ —/C1 P-38 of P-40 rlf :- CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) NEPA COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Categorical Exemption/Categorical Exclusion Determination Form including and not limited to the National Environmental Policy Act (NEPA) requirements and environmental commitments found in the appendix of the Contract Documents of this project. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt DateZ- P-39 of P-40 20D-85 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-6906 EDINGER AVE. AND BRISTOL ST. CLASS II BICYCLE LANES FEDERAL PROJECT NO: HSIPL 5063(180) TMP COMPLIANCE FOR FEDERAL AID CONTRACTS The undersigned, is submitting this proposal for performing by contract the work required by these bid documents, certify to comply with the Traffic Management Plan (TMP) commitments found in the appendix of the Contract Documents of this project. Signed Title Edward J. Carlson, Vice President Firm All American Asphalt Date �r� -? P-40 of P-40 rlf :. CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 18-6906 EDINGER AVENUE AND BRISTOL STREET CLASS H BIKE LANES (CML-5063(180)) This CONSTRUCTION CONTRACT is made and entered into this 17s' day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR"). WPI'NESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Edinger Avenue and Bristol Street Class H Bike Lanes Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred Seven Thousand Eight Hundred Thirty Nine Dollars and Sixty Six Cents ($607,839.66), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 20D_87 Page 1 of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 20 D-88 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:�. 1� WIN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: All American Asphalt NAME: Edw` rd J. Carlson TITLE: Vice President r1M :• Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-6906: Bristol Street and Edinger Avenue Class II Bike Lanes [CIVIL-5063 (180)] Construction Contract $ 607,840 Contract Administration $ 43,238 Inspection and Testing $ 50,306 Contingencies $ 28,158 TOTAL ESTIMATED CONSTRUCTION COSTS $ 729,542 20D-90 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED APPROVE AN APPROPRIATION ❑ As Recommended ADJUSTMENT AND AWARD A ElAmended ❑ OOrrdinance on 1" Reading CONSTRUCTION CONTRACT TO VIDO ❑ Ordinance on 2ntl Reading SAMARZICH, INC., IN THE AMOUNT OF ❑ Implementing Resolution $3,776,881, FOR THE SANTA ANA ❑ Set Public Hearing For BOULEVARD AND 5TH STREET PROTECTED BIKE LANES PROJECT WITH AN ESTIMATED TOTAL COST OF $4,484,000 (PROJECT NO 17-6880) {STRATEGIC PLAN NO. 6, 1C} /s/Kristine Ridge CITY MANAGER CONTINUED TO 1�1��►1�1i!I:Iq:7 RECOMMENDED ACTION 1. Approve an appropriation adjustment authorizing the expense of $799,830 from the Traffic System Management, State Grants -Direct revenue account and appropriating the same amount to the Active Transportation Program, Improvements Other Than Building expenditure account. 2. Award a contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid, in the amount of $3,776,881, for construction of the Santa Ana Boulevard and 5th Street Protected Bike Lane Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,484,000, which includes $3,776,881 for the construction contract; $329,431 for contract administration, inspection and testing; and a $377,688 project contingency (approximately 10% of the construction contract amount). DISCUSSION The City of Santa Ana is developing safer, walkable streets for Santa Ana residents who are dependent on walking or bicycling for transportation every day. Implementation of these types of street improvements are the result of goals established by the City's Active Transportation Plan (ATP) and ultimately provides safe bicycling and walking in the City, enhances non -motorized travel infrastructure, and creates options to support the existing population. 20E-1 Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project December 17, 2019 Page 2 The project will install approximately 2.2 miles of protected bike lanes along Santa Ana Boulevard and 5th Street (Exhibit 1). The proposed bike lanes will improve bicycle routes to and from schools, parks, trails, local shopping centers, and high -density residential areas. The construction scope of work includes a raised concrete median, asphalt concrete pavement, concrete sidewalks, curb and gutter, and driveway approaches. Related improvements will provide Americans with Disabilities Act curb ramps, pedestrian push buttons, traffic signs and striping, and a traffic signal video detection system. The work will require relocating several water services from private property onto the public right-of-way where they are typically located. Once completed, the improvements will provide safe, fun, convenient, healthy, and environmentally friendly travel for all ages and abilities. The City secured an Active Transportation Program grant in the amount of $4,484,000 for the Santa Ana Boulevard and 5th Street Protected Bike Lanes Project. The grant award was included in the approved Fiscal Year 2018-19 Capital Improvement Program. However, the September 17, 2019 City Council action approving the carryover of unspent Fiscal Year 2018-19 budgets only specified $3,684,170 for this project. Staff is requesting an Appropriation Adjustment (Recommended Action No. 1) to authorize expenditure of the additional $799,830 needed to establish the project budget for the full $4,484,000 grant award. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 8 and 15, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 6, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. Project notifications were sent to 873 vendors, including 48 located in the City of Santa Ana, via PlanetBids. Bid documents were requested from 67 vendors, and bids were received from 5 contractors. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Vido Samarzich, Inc. Rancho Cucamonga $3,776,881 2 Griffith Company Santa Fe Springs $4,673,090 3 Lonerock, Inc. Irvine $4,712,463 4 Excel Paving Co Long Beach $4,734,986 5 Walsh Construction Company II Los Angeles $5,400,000 All five bids were responsive. Vido Samarzich, Inc., submitted the lowest responsive bid (Exhibit 2) in the amount of $3,776,881. Based on a bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to Vido Samarzich, Inc., in the amount bid. 20E-2 Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project December 17, 2019 Page 3 Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also requires construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,484,000. Construction Contract $3,776,881 Construction Administration, Inspection, and Testing $329,431 Contingencies $377,688 ESTIMATED CONSTRUCTION DELIVERY COST $4,484,000 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2016-097 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $4,484,000, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested Appropriation Adjustment will authorize the expense of $799,830 from the Traffic System Management, State Grants -Direct revenue account (No. 14817002-52025) and appropriate the same amount to the Active Transportation Program, Improvements Other Than Building expenditure account (No. 14817613-66220). The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account # Account Description APPROPRIATION ADJUSTMENT FY 2019-20 14817613-66220 Traffic System Active Transportation Dec. -June (Proj. 17-6880) Management Grant Program, Improvements $799,830 Approved FY18-19 CIP (Capital Grants Fund) Other Than Building CARRYOVER APPROPRIATION (Approved September 17, 2019) 20E-3 Award Contract to Vido Samarzich, Inc., for Santa Ana Boulevard and 5th Street Protected Bike Lanes Project December 17, 2019 Page 4 FY 2019-20 14817613-66220 Traffic System Active Transportation Dec. -June (Proj. 17-6880) Management Grant Program, Improvements $3,684,170 Approved FY18-19 CIP (Capital Grants Fund) Other Than Building Total: $4,484,000 All funds are scheduled for expenditure in Fiscal Year 2019-20. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/NS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis Kathryn Downs, CPA Executive Director Finance and Management Services Agency 20E-4 u � w ¢ m � F x � \ PVE m J l� 1 H SiSP S Pp4 , St P�41�yp x� mQ �i 5t � VP SZ w F w tASPiL�� N � N. FRENCH ST Y i N. SPU RGEON ST N. BUSH ST N. MAIN ST N. SYCAMORE ST BROADWAY ® `w w z F ¢ N H w S N ¢ N N 2 3 x N. ROSS ST s a 0 N. PARTON ST J. a z ¢ 4 F Z fh 3 N. FLOWER ST r Exhibit 1 SAN TA ANA Project No. 17-6880: Pl SANTA ANA BOULEVARD AND 5TH 11KII 1XIIIA.IN Y I STREET PROTECTED BIKE LANES 20E-5 City of Santa Ana Santa Ana Boulevard and 5th Street Protected Bike Lane ATPL - 5063 (17-6880), bidding on November 6, 2019 2:00 PM Bid Results Bidder Details Vendor Name Vida Samarzich, Inc. Address 6829 Billings Place Rancho Cucamonga, CA 91701 United States Respondee Vida L Samarzich Respondee Title Vice President Phone 909-987-6377 Ext. Email vidosam@yahoo.com Vendor Type CADIR License # 433210 CA DIR Bid Detail Bid Format Electronic Submitted November 6, 2019 1:43:16 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 194948 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name General Forms General Forms.pdf Ownership Affidavit Ownership Affidavit 17-6880.pdf Bid Bond Bid Bond 17-6880.pdf Non -Collusion Affidavit Non Collusion Affidavit 17-6880.pdf Line Items Type Item Code Base Bid Items 1 Remove Tree 2 Remove Parking Meters UOM city EA 4 EA 1 3 Remove Fire Hydrant EA 5 Unit Price $1,200.00 $500.00 $1,000.00 Page 1 Printed 11/06/2019 EXHIBIT 2 File Type General Farms Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Total Comment $4,800.00 $500.00 $5,000.00 20E-6 City of Santa Ana Page 2 Santa Ana Boulevard and 5th Street Protected Bike Lane ATPL - 5063 (17-6880), bidding on November 6, 2019 2:00 PM Printed 11 /06/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Relocate Fire Hydrant EA 2 $6,500.00 $13,000.00 5 Relocate Mailbox EA 1 $500.00 $500.00 6 Relocate Parking Meters EA 11 $1,500.00 $16,500.00 7 Unclassified Excavation CY 4930 $44.45 $219,138.50 8 Aggregate Base TON 855 $45.00 $38,475.00 9 Asphalt Concrete Pavement TON 955 $210.00 $200,550.00 10 Median Concrete SF 4895 $18.00 $88,110.00 11 PCC Pavement with monolithic curb (6" Thick) LF 3375 $110.00 $371,250.00 12 PCC Pavement with monolithic curb (8" Thick) LF 785 $115.00 $90,275.00 13 PCC Sidewalk (4" Thick) SF 4970 $9.00 $44,730.00 14 PCC Curb Type B-1 LF 2525 $35.00 $88,375.00 15 PCC A-2-6 Curb and Gutter (Modified) LF 4670 $45.00 $210,150.00 16 PCC Crass Gutter SF 1920 $18.00 $34,560.00 17 Curb Ramp including Truncated Dames EA 54 $4,200.00 $226,800.00 18 Furnish and Install Complete Fire Hydrant Assembly EA 5 $12,000.00 $60,000.00 19 Root Shaving EA 2 $500.00 $1,000.00 Pl=iE 7hf. City of Santa Ana Santa Ana Boulevard and 5th Street Protected Bike Lane ATPL - 5063 (17-6880), bidding on November 6, 2019 2:00 PM Bid Results Type Item Code UOM Qty Unit Price 20 Parkway Culvert Type A * EA 3 $5,000.00 21 Parkway Culvert Type B * EA 3 $1,500.00 22 Adjust Storm Drain/Sewer Manhole to Grade EA 5 $800.00 23 Adjust Water Valve Cans and Cover to Grade EA 30 $300.00 24 Adjust Pull Box to Grade EA 7 $500.00 25 SWPPP/NPDES (Risk Level 2) LS 1 $15,000.00 26 Engineered Soil CY 882 $65.00 27 '/," Crushed Stone TON 1253 $45.00 28 Impermeable Liner SF 16572 $1.50 29 Striping (4") Thermo LF 2340 $4.00 30 Striping (8'912") Thermo LF 6517 $5.00 31 Pavement Marking Thermo LF 11713 $6.00 32 MMA SF 16800 $7.00 33 Traffic Signs EA 179 $400.00 34 Signing and Striping Removals LS 1 $35,000.00 35 Traffic Signal and Signal Interconnect (5th St and Main St) LS 1 $110,000.00 Page 3 Printed 11/06/2019 Line Total Comment $15,000.00 $4,500.00 $4,000.00 $9,000.00 $3,500.00 $15,000.00 $57,330.00 $56,385.00 $24,858.00 $9,360.00 $32,585.00 $70,278.00 $117,600.00 $71,600.00 $35,000.00 $110,000.00 20E-8 City of Santa Ana Page 4 Santa Ana Boulevard and 5th Street Protected Bike Lane ATPL - 5063 (17-6880), bidding on November 6, 2019 2:00 PM Printed 11 /06/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 36 Traffic Signal and Signal Interconnect (5th St and Broadway) LS 1 $100,000.00 $100,000.00 37 Traffic Signal and Signal Interconnect (5th St and Bush St) LS 1 $95,000.00 $95,000.00 38 Video Detection System at 5th St and Broadway LS 1 $40,000.00 $40,000.00 39 Video Detection System at 5th St and Main St LS 1 $40,000.00 $40,000.00 40 Video Detection System at 5th St and Bush St LS 1 $40,000.00 $40,000.00 41 Install 2" PVC Conduits LF 160 $60.00 $9,600.00 42 Install 3" PVC Conduits LF 60 $70.00 $4,200.00 43 Install 4" PVC Conduits LF 350 $95.00 $33,250.00 44 12 — SMFO Cable LF 1225 $3.00 $3,675.00 45 Fusion Spice 1 Strand SMFO EA 2 $400.00 $800.00 46 IP Communication System at 5th St and Broadway LS 1 $16,000.00 $16,000.00 47 CCTV and IP Communication System at 5th St and Main St LS 1 $18,000.00 $18,000.00 48 Landscape " LS 1 $130,000.00 $130,000.00 49 Planting of Shrubs and Succulents by OCCC LS 1 $2,816.00 $2,816.00 50 Irrigation LS 1 $450,000.00 $450,000.00 51 120 Day Plant Maintenance and Establishment Period LS 1 $6,000.00 $6,000.00 20E-9 City of Santa Ana Page 5 Santa Ana Boulevard and 5th Street Protected Bike Lane ATPL - 5063 (17-6880), bidding on November 6, 2019 2:00 PM Printed 11 /06/2019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 52 Labor Agreement Oversight LS 1 $15,000.00 $15,000.00 53 PCC Pvement with Mnolithic Curb (6" thick) with Thickened Edge LF 2570 $110.00 $282,700.00 54 PCC A-2-6 Curb and Gutter (Modified) with Thickened Edge LF 2695 $40.00 $107,800.00 55 Relocate Sign EA 1 $500.00 $500.00 56 Remove Monument Sign EA 1 $1,000.00 $1,000.00 57 Metal Hand Railing, Type A LF 70 $125.00 $8,750.00 58 Truncated Domes SF 360 $30.00 $10,800.00 59 Driveway Approach, Type B SF 705 $16.00 $11,280.00 Subtotal $3,776,380.50 Asterisk Notes per P-4 of Specifications - NOT part of Base Bid Calculation 60 ' - The quantity for this bid item is shown for bid comparison only. This bid item shall not he subject to the "25W limit as stated in Section 3-2 of the Standard Specifications. ea 0 0 0 61 1 = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $3,776,380.50 ADDENDUM FOUR CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6886 SANTA ANA BOULEVARD AND 5" STREET PROTECTED BIKE LANE BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Vido Samarzich, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount Street Improvements 1 Remove Tree 4 EA $1,200 $ 4,800.00 2 Remove Parking Meters 1 EA $ 5oo.00 $ 500.00 3 Remove Fire Hydrant 5 EA $1,000.00 $ 5.000.00 4 Relocate Fire Hydrant 2 EA $ 6,500.00 $ 13,000.00 5 Relocate Mailbox 1 EA $ 500.00 $ 500.00 6 Relocate Parking Meters 11 EA $ 1,500.00 $ 16,500.00 7 Unclassified Excavation 4930 CY $44.45 $219,138.50 8 Aggregate Base 855 TON $45.00 $ 38,475.00 9 Asphalt Concrete Pavement 955 TON $ 21 o.00 $ 200,550.00 10 Median Concrete 4,895 SF $18.00 $88,110.00 11 PCC Pavement with monolithic curb (6" Thick) 3,375 LF $ 110.00 $371.250.00 12 PCC Pavement with monolithic curb (8" Thick) 785 LF $ 115.00 $ 90,275.00 13 PCC Sidewalk (4" Thick) 4,970 SF $ g,00 $ 44,730.00 P-1 ofP-19 20E-11 ADDENDUM FOUR CITY OF SANTA ANA PROPOSAL PROJECT NO.:17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE Item Description Qty Unit Unit Price Amount 14 PCC Curb Type B-1 2,525 LF $ 35.00 $ 88,375.00 15 PCC A-2-6 Curb and Gutter (Modified) 4,670 LF $ 45.00 $ 21 Q150.o0 16 PCC Cross Gutter 1,920 SF $ 18.00 $ 34,560.00 17 Curb Ramp including Truncated Domes 54 EA $ 4,200.00 $ 226,800.00 18 Furnish and Install Complete Fire Hydrant Assembly 5 EA $ 12,000.00 $ 60,000.00 19 Root Shaving 2 EA $ 5oo.00 $1,000.00 20 Parkway Culvert Type A * 3 EA $ 6,000.00 $ 15,000.00 21 Parkway Culvert Type B * 3 EA $ 1,500.00 $ 4,500.00 22 Adjust Storm Drain/Sewer Manhole to Grade 5 EA $ 800.00 $ 4,000.00 23 Adjust Water Valve Cans and Cover to Grade 30 EA $ 300.00 $ 9,000.00 24 Adjust Pull Box to Grade 7 EA $ 500.00 $ 3,500.00 25 SWPPP/NPDES (Risk Level 2) 1 LS $ 15,00o.0o $ 15,000.00 Water Quality 26 Engineered Soil 882 CY $ 65.00 $ 57,330.00 27 3/d' Crushed Stone 1,253 TON $45.00 $ 56,385.00 28 Impermeable Liner 16,572 SF $ 1.5o $ 24,858.00 Signing and Striping 29 Striping (411) Thermo 2,340 LF $ 4.00 $ 9,360.00 30 Striping (8'712") Thermo 6,517 LF $ 5.00 $ 32,585.00 31 Pavement Marking Thermo 11,713 LF $ 6.00 $ 70,278.00 32 MMA 16,800 SF $ zoo $ 117,800.00 P-2 of P-19 20E-12 ADDENDUM FOUR CITY OF SANTA ANA PROPOSAL PROJECT NO.; 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE Item Description Qty Unit Unit Price Amount 33 Traffic Signs 179 EA $400.00 $ 71,600100 34 Signing and Striping Removals 1 LS $35,000.00 $ 35,000.00 Traffic Signal Modification 35 Traffic Signal and Signal 1 LS $ rto,000.06 $ tto,000.00 Interconnect (5th St and Main St) 36 Traffic Signal and Signal 1 LS $ 100,000.00 S 100,006.00 Interconnect (5th St and Broadway) 37 Traffic Signal and Signal 1 LS $ 95,000.00 $ 96,000.00 Interconnect (5th St and Bush St) 38 Video Detection System at 5"' St and I LS $ 40,000.00 $40,000.00 Broadway 39 Video Detection System at 5"' St and 1 LS $ 40,000.00 $ 40,000.00 Main St 40 Video Detection System at 5d' St and 1 LS $ 40,000.00 $ 40.000.00 Bush St 41 Install 2" PVC Conduits 160 LF $ 60.00 $ 9,600.00 42 Install 3" PVC Conduits 60 LF $ 70.00 $ 4,200.00 43 Install 4" PVC Conduits 350 LF $ s5.00 $ 33,250.00 44 12 — SMFO Cable 1,225 LF $ 3,675.00 45 Fusion Spice I Strand SMFO 2 EA L3.00 $ 600.0046 IP Communication System at 5"' St I LS $16,000.00 and Broadway 47 CCTV and IP Communication System at 51h St and Main St I LS $ 18,06c.00 $18,006.00 Landscape and Irrigation 48 Landscape ** 1 LS $130,000.00 $ 130,000.00 49 Planting of Shrubs and Succulents by I LS $ 2,816 $ 2,816 OCCC 50 Irrigation I LS $450,000.00 $450,000.00 51 120 Day Plant Maintenance and I LS $6,000.00 $ 6,000.00 Establishment Period P-3 ofP-19 20E-13 ADDENDUM FOUR CITY OF SANTA ANA PROPOSAL PROJECT NO,:17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIIfE LANE Item Description Qly Unit Unit Price Amount 32 Labor Agreement Oversight 1 LS $ 15,000 $ 15,000 53 PCC Pavement with Monolithic Curb (6" thick) with Thickened Edge 2570 LF $ tto.00 $ 282,700.00 54 PCC A-2-6 Curb and Gutter (Modified) with Thickened Edge 2695 LF $ a0.00 $ 107,800.00 55 Relocate Sign I EA $ 500.00 S 500.00 56 Remove Monument Sign I EA $ t,000.00 $ t,000.c0 57 Metal Hand Railing, Type A 70 LF $125.00 $8a50.00 58 Truncated Domes 360 SF $ 30.00 $ t 0,800.00 59 Driveway Approach, Type B 705 SF $ 16.00 $ 11,280.00 TOTAL BASE BID $ 3,776,880.50 TOTAL BASE BID IN WORDS Three million seven hundred seventy six thousand eight hundred eighty dollars and fifty cents. The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. •r This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ** This item shall not include planting of shrubs and succulents as they will be planted by Orange County Conservation Corps per proposal in Appendix H TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES PROJECTS WITH COVERAGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDP,S) GENERAL PERMIT FOR STORM WATER PA ofP-19 20E-14 ADDENDUM FOUR CITY OF SANTA ANA PROPOSAL PROJECT NO.:17-6880 SANTA ANA BOULEVARD AND STa STREET PROTECTED BIKE LANE The undersigned bidder hereby proposes to complete all requirements and items outlined in the most current Construction General Permit, within two hundred fitly (250) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $ 2100 per calendar day. Name of Firm Signature of BIl Title Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samarzich, Inc. Vido Samarzich - President Vido L. Samarzich -Vice President Monika Samarzich - Secretary P-5 ofP-19 20E-15 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work, srti„flrK orily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Vido Samarzic#, Inc. Signature of BIDDER Title Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Corporation: Vido Samarzich, Inc. Vido Samarzich - President Vido L. Samarzich - Vice President Monika Samarzich - Secretary 20 P 6 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Vido Samarzich, Inc Business Address: 6829 Billings Place, Rancho Cucamonga, CA 91701 Business E-Mail Address: Vldosam@yahoo.com Telephone: (909) 987-6377 State Contractor's License No. and Class: 433210 Class A License Expiration Date: 12/31 /2020 State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration ExWatio4Dgte: Signed: Title: Vice President 1000013213 6/30/2020 i6Cp* CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BI. Title Vice President (if an individual, so state) �a Plb CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE )SS. CITY OF SANTA ANA ) Vido L. Samarzieh being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That lie/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. CORPORATION That he is of VldoSarnarzich, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is or: one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, fa. him syl�r any other person. Signature of Bidder Subscribed Subscribed and sworn to before me this day of 20 SEE ATTACHED JURAT Signature of officer Administering Oath (Notary Public) 2PO"tPIb A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES Subscribed and sworn to (or affirmed) before me on this 6TH day of NOVEMBER , 20 19, by VIDO L. SAMARZICH proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 12.1 IIIIYIIIXIgII11WM111111pM1111111111IIII DESMOND O. W1IRRENWj COMM. 02190634 Notary Public - CaItfornia Rlmmule County ■ y Comm. ExOn6 Apr. 9, 2021 g NMWRIIIWNW104"011mllllllllll111M "L,--, (Seal) Signature 20E-20 Bond No.: VIDSA-2064 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.;17-6880 SANTA ANA BOUI..1= VARD AND 5TH STREET PROTECTED BIKE LANE KNOW ALL PRESENT that, Vido Samarzich, Inc. as BIDDER, and Fidelity and Deposit Company of Maryland, as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sun of _ Ten Percent Of The Total Amount Bid Dollars ($ 10% Of Bid 1, which is ten percent (10%) of the total amount bid by BIDDER to A(il NCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid Is rejected, or if said bid is accepted and a contract Is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and sea! this 31st day of October , 20AR. BIDDER* Vido �rw�iIC SURETY* Randy Sp n, Attorney `µSubscribed and sworn o before me Signature; Notary Public in and for the County of 6829 Billings Place 777 S. Figueroa Street, Suite 3900 Los Angeles, CA 90017 Telephone: (619) 235-1388 , State of this day of r Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone ntunber of authorized representative. P-10 of P-19 20E-21 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Randy SPOHN, Ashley M. SPOHN, Matthew R. DOBYNS and Hamilton KENNEY, all of Santa Ana, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set froth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 20th day of September, A.D. 2019. sooGNi 11upe (OT','.il im AI ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray -' Vice President - By: Dawn E. Brown ._ Secretary - State of Maryland - County of Baltimore On this 20th day of September} A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duty commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to the personally known to be the Individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN ''TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and yearfirst above written. �J°,valatj'f \:1:.:):.11��4.,. �y- 4'.w'arhCrL Cif. �•-Y- •''ry�l%iij�i Constance A. Dumr, Notary Public ijx+%', llllll My Commission Expires: July 9, 2023 illn\\` 20E-22 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretory or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney,.. Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held oil the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELFI'Y AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990, RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 31$t day of October , 2019. .- y Brian M. Hodges, Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 w ww. rep ortsfelai msO,zurichn a. corn 800-626-4577 20E-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CALIFORNIA County of ORANGE On October 31st, 2019 before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared RANDY SPOHN ❑ who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his1he authorized capacity fies), and that by his/her/thei signature(s) on the instrument the personfs), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of ERIKAGUIDO California that the foregoing paragraph is true and correct. COMM. # 2190052 :E NOTARY PUBLIC CALIFORNIA 30 ORANGE COUNTY N WITNESS my. an ,.mhand d official seal. t J�My comm. expires May 5, 2D21 / J Signa u4oft,'q OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of LOS ANGELES On NOVEMBER 6, 2019 before me, DESMOND G. WARREN, NOTARY PUBLIC (insert name and title of the officer) personally appeared VIDO L. SAMARZICH who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Hill III]IInn111IIII 1111"III 1[III Ipill, II.III IIIIOM II,1110,1,11... DESMOND G. WARREN z COMM.#219004 WITNESS my hand and official seal. Notary Public - cslilornla Riverside Counly Y My Comm. E„pirw Apr. 9, 2021 Arwewwivwwexrmmm,vexoxn Signature (Seal) 20E-25 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y:% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Case Land Survevino. Inc License #/Exp. L5411 DIR Reg. #/Exp. 1000001533 Location Orange, CA Phone (714) 628-8948 Type Of Work Surveying Amount $ 40,000.00 Name BC Traffic Specialist License #/Exp. 877686 DIR Reg. #/Exp. 1000407561 License # Location Orange, CA Phone (714)493-5906 Type Of Work Striping and Signage Amount $ 235,000.00 Name Kato Landscape. Inc License #/Exp. 806122 DIR Reg. #/Exp. 1000000086 License # Location Fountain Valley, CA Phone (714) 963-4615 Type Of Work Landscaping and Irrigation Amount $ 498,000.00 Signature of Bidder Name Pavement Recycling Systems, Inc License #/Exp. 569352 DIR Reg. #/Exp. 1000003363 Location Jurupa Valley, CA Phone (951)682-1091 Type Of Work Asphalt Grinding Amount $ 171,000.00 Name Dynalectric License #/Exp. 550173 DIR Reg.#/Exp. 1000001129 License # Location Los Alamitos, CA Phone (714)828-7000 Type Of Work Electrical Amount $ 399,000.00 Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ f ilefig CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5T11 STREET PROTECTED BIKE LANE REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. SEE ATTACHED INFORMATION Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. SEE ATTACHED INFORMATION Name and Address of owner. Name and Telephone Number of person familiar with project Contract Amount Type of Work 3. SEE ATTACHED INFORMATION Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety = Zurich - Fidelity Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA - (619) 235-1388 Broker: R S Bonding & Insurance Agency, Inc. 1633 E. 4th Ave, Ste. 228, Santa Ana, CA 92701 - (714) 541-4700 idtf / CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. SEE ATTACHED INFORMATION Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. SEE ATTACHED INFORMATION Name and Address of owner Name and Telephone Number of person familiar with project Contract Amount 3. SEE ATTACHED INFORMATION Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Surety: Zurich - Fiedelity and Deposit Company of Maryland 777 S. Figueroa Street, Suite 3900, Los Angeles, CA - (619) 235-1388 Broker: R S Bonding & Insurance Agency, Inc. 1633 E. 4th Ave, Ste. 228, Santa Ana, CA 92701 - (714) 541-4700 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 COMPLETED CONSTRUCTION PROJECT REFERENCES 1. Project Name: La Palma Ave Sidewalk Improvements Owner: City of Anaheim Phone Number: (714) 765-5052 Engineer/Contact: Mr. Joel Jordan Contract Amount: $479,000.00 Date of Completion: 2019 2. Project Name: Wilshire Avenue Bicycle Blvd Improvements Owner: City of Fullerton Phone Number: (714) 738-6853 Engineer/Contact: Mr. David Grantham Contract Amount: $2,100,000.00 Date of Completion: 2019 3. Project Name: FY 17-18 ADA Access Ramp Improvements at Various Locations Owner: City of Rancho Cucamonga Phone Number: (909) 774-4070 Engineer/Contact: Mr. Romeo David Contract Amount: $975,000.00 Date of Completion: 2018 4. Project Name: Wilshire Avenue Water and Sewer Improvement Project Owner: City of Fullerton Phone Number: (714) 738-6895 Engineer/Contact: Mr. Gar Huang Contract Amount: $550,000.00 Date of Completion: 2018 5. Project Name: Elm/Maiden Area Street, Sewer and Water Improvements Owner: City of Fullerton Phone Number: (714) 773-0049 Engineer/Contact: Mr. Joseph Hernandez Contract Amount: $2,200,000.00 Date of Completion: 2018 Page 1 of 6 20E-29 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE -RANCHO CUCAMONGA, CALIFORNIA 91701 TELEPHONE 909-987-6377 FAX 909-987-8988 6. Project Name: Anaheim Hills Road Water Main Replacement Owner: City of Anaheim Phone Number: (714) 863-8020 Engineer/Contact: Mr. Luis Tapia Contract Amount: $600,000.00 Date of Completion: 2018 7. Project Name: CDBG ADA Wheelchair Access Ramp Replacement at Various Locations Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $204,300.00 Date of Completion: 2018 8. Project Name: 2017 Citywide Curb Ramp Improvements Owner: City of Laguna Beach Phone Number: (949) 497-0741 Engineer/Contact: Mr. Tri Nguyen Contract Amount: $285,000.00 Completion Date: 2017 9. Project Name: Safe Routes to School Improvements, Phase 3 Owner: City of Glendale Phone Number: (818) 402-0225 Engineer/Contact: Mr. Gary Edsall Contract Amount: $908,000.00 Date of Completion: 2017 10. Project Name: Heim Ave at Canal St Storm Drain Improvements Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $99,000.00 Date of Completion: 2017 11. Project Name: Citywide Sidewalk Repair Project FY 15-16 Owner: City of Santa Monica Phone Number: (951) 522-4505 Engineer/Contact: Mr. Craig Wheeler Contract Amount: $878,000.00 Date of Completion: 2017 Page 2 of 6 20E-30 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 12. Project Name: FY 16/17 Curb Access Ramp Installation Project Owner: City of Huntington Beach Phone Number: (714) 536-5259 Engineer/Contact: Mr. Joe Fuentes Contract Amount: $679,000.00 Date of Completion: 2017 13. Project Name: Comstock Avenue Water Main Improvements Owner: City of Whittier Phone Number: (562) 567-9302 Engineer/Contact: Mr. Carl Hassel Contract Amount: $578,000.00 Date of Completion: 2017 14. Project Name: Monterey Road Street Improvements Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,550,000.00 Date of Completion: 2017 15. Project Name: Fletcher Avenue Reconstruction Owner: City of South Pasadena Phone Number: (702) 204-4025 Engineer/Contact: Mr. Mark Peterson Contract Amount: $878,000.00 Date of Completion: 2016 16. Project Name: Patterson Street Reconstruction Owner: City of Fullerton Phone Number: (714) 732-9060 Engineer/Contact: Mr. Pete Acosta Contract Amount: $675,000.00 Date of Completion: 2016 17. Project Name: Magnolia/Bolsa Intersection Widening Owner: City of Westminster Phone Number: (714) 548-3464 Engineer/Contact: Ms. Theresa Tran Contract Amount: $975,000.00 Date of Completion: 2016 Page 3of6 TELEPHONE 909-987-6377 FAX 909-987-8988 20E-31 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 18. Project Name: 2015 Water Main Improvements Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pham Contract Amount: $1,100,000.00 Date of Completion: 2016 19. Project Name: Red Hill Lake Modernization Owner: City of Rancho Cucamonga Phone Number: (909) 477-2740 Engineer/Contact: Mr. Romeo David Contract Amount: $300,000.00 Date of Completion: 2016 20. Project Name: 2015 Concrete Improvements Owner: City of Inglewood Phone Number: (714) 468-7319 Engineer/Contact: Mr. Hunter Nguyen Contract Amount: $425,000.00 Date of Completion: 2015 21. Project Name: El Centro Avenue Rehabilitation Owner: City of South Pasadena Phone Number: (626) 590-0570 Engineer/Contact: Mr. Alex Chou Contract Amount: $1,100,000.00 Date of Completion: 2015 22. Project Name: Concrete Bus Pads Owner: City of Rancho Cucamonga Phone Number: (714) 548-3456 Engineer/Contact: Curt Billings Contract Amount: $175,000.00 Date of Completion: 2015 23. Project Name: ADA Wheelchair Ramps Owner: City of Orange Phone Number: (714) 744-5566 Engineer/Contact: Mr. Matthew Lorenzen Contract Amount: $275,000.00 Date of Completion: 2015 Page 4 o 1' 6 TELEPHONE 909-987-6377 FAX 909-987-8988 20E-32 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 24. Project Name: 2014 Water Improvement Owner: City of Westminster Phone Number: (714) 548-3456 Engineer/Contact: Mr. Tuan Pham Contract Amount: $1,100,000.00 Date of Completion: 2015 25. Project Name: ADA Sidewalk Improvement Owner: City of Artesia Phone Number: (951) 314-6984 Engineer/Contact: Mr. Chuck Burkhardt Contract Amount: $200,000.00 Date of Completion: 2014 26. Project Name: YLHS Park Bryant Cross Feeder Pipeline Owner: Yorba Linda Water District Phone Number: (714) 701-3104 Engineer/Contact: Mr. Joe Polimino Contract Amount: $675,000.00 Date of Completion: 2013 27. Project Name: County Road Storm Drain Owner: City of Pomona Phone Number: (909) 322-7471 Engineer/Contact: Mr. Dave Barron Contract Amount: $570,000.00 Date of Completion: 2013 28. Project Name: Adams Square Park Owner: City of Glendale Phone Number: (818) 548-2864 Engineer/Contact: Mr. Hagop Kassabian Contract Amount: $1,100,000.00 Date of Completion: 2010 29. Project Name: Various Public Work Purchase Orders and Contracts 2000-2013 Owner: City of Pasadena Phone Number: (626) 484-5640 Engineer/Contact: Mr. Dale Torstenbo - dtorstenbo@cityofpasadena.net Contract Amount: $2,500,000.00 Date of Completion: 2000-2013 Page 5 of 6 TELEPHONE 909-987-6377 FAX 909-987-8988 20E-33 VIDO SAMARZICH, INC. General Engineering Contractor No. 433210 A 6829 BILLINGS PLACE, RANCHO CUCAMONGA, CALIFORNIA 91701 30. Project Name: Misc Park Improvements From 2000-2010 Owner: City of Glendale Engineer/Contact: George Balteria — (951) 201-2710 Peter Vierheilig — pvierheilig@ci.glendale.ca.us Contract Amount: $3,500,000.00 Date of Completion: 2000-2010 Page 6 of 6 TELEPHONE 909-987-6377 FAX 909-987-8988 20E-34 CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5Tti STREET PROTECTED BIKE LANE NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: Theve Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned }hat eking y fa se certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this (/ day of , 20g, by ✓IDo L. sy+«�at2tt-o proved to me on the basis of satisfactory evidence to be the persona who appeared before me -11x LI IIII:� IIxI1011111111111111111111gII11M11111111111111111111111111N1-C Notary Public ignature DESMONDG.WARREN s COMM. #2190534 °m Notary Public - California 'o Riverside County My Comm. E)Onm Apr. 9,. 2021 m xwxxxxxxxxNxwwrxlxnxlmmwnxn� Notary Public Seal Z-6 91A CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. MCA CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chaptee/XI Si ned: %/ /� Title: Vice President Firm: Vido Samarzich, Inc. Date: 11 /612019 ME�f* CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to e C lif rnia Apprenticeship Council. Signed: 1 � f Title: Vice President Firm: Vido Samarzich, Inc. Date: 11 /6/2019 MCA CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwiiZentitied Signed: 1 ,,,4 .;(- Title: Vice President Firm: Vido Samarzich, Inc. Date: 11 /6/2019 1 • CITY OF SANTA ANA ADDENDUM TWO PROPOSAL PROJECT NO.: 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. L i9e.-P41V CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 17-6880 SANTA ANA BOULEVARD AND 5TH STREET PROTECTED BIKE LANE [ATPL-5063(170)] This CONSTRUCTION CONTRACT is made and entered into this 17v' day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Vido Samarzich, Inc. (hereinafter "CONTRACTOR"). WII'NESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Santa Ana Boulevard and 5 s Street Protected Bike Lane Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Three Million Seven Hundred Seventy-six Thousand Eight Hundred Eighty Dollars and Fifty Cents ($3,776,880.50), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 `OC—A 1 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 20 E-42 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: '�" -f�L J N FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Vido Samarzich, Inc. V'4 !/ NAME: Vido L. Samarzich TITLE: Vice President 20E-43 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6880: Santa Ana Boulevard and 5th Street Protected Bike Lane [ATPL-5063 (170)] Construction Contract $ 3,776,881 Contract Administration $ 150,543 Inspection and Testing $ 178,888 Contingencies $ 377,688 TOTAL ESTIMATED CONSTRUCTION COSTS $ 4,484,000 20E-44 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: AMEND BLANKET ORDER FOR VEHICLE BODY REPAIR SERVICES IN THE AMOUNT OF $125,000 FOR AN AMOUNT NOT TO EXCEED $1,125,000 (GENERAL FUND) (SPECIFICATION NO. 15-057) {STRATEGIC PLAN NO. 6,21 /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to amend the blanket order contracts aggregate amount for vehicle body repair services in the amount of $125,000 annually, increasing the annual aggregate amount to $300,000 for the remaining contract term and the remaining one-year renewal option, for a new contract total amount not to exceed $1,125,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Fleet Maintenance Division is responsible for the acquisition, maintenance, repair, and replacement of City vehicles, trucks, and maintenance equipment. The City has a fleet of 630 vehicles that, at times, require auto body repair work due to accidents and operational needs such as painting and refurbishing. Over the last few months, there has been an increase in police vehicle collisions, requiring the services of auto body repair work providers. On March 1, 2016, the City Council approved the execution of one-year contracts with Cosmetic Auto Care, Doffo Automotive Inc., Kelly's Body Shop Inc., Riteway Auto Paint Bodyworks, and Top Finish Collision Center, with provisions for four one-year renewals for vehicle body repair services, in an annual aggregate amount not to exceed $175,000. As a result of the above -mentioned activities, the annual not -to -exceed amount allocated to the Public Works Agency Fleet Services Division will be exceeded. As such, staff recommends approval of the recommended action to allow for continuous service through the end of the current contract term, as well as the final subsequent renewal option. In addition, to avoid any interruption in services, this amendment would cover services provided as of November 1, 2019. 22A-1 Contract Amendment for Vehicle Body Repair Services December 17, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (Address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $125,000 are available in the FY 2019-20 in the Equipment Maintenance - Garage Operation, Machinery & Equipment account (07517100-62322). Subsequent funding in the amount of $300,000 will be budgeted and made available in FY 2020-2021 in the Equipment Maintenance -Garage Operation, Machinery & Equipment account (07517100-62322). /_\>>:iU0/:1103-aCU01►Lby9►1.1_WO16111►116-1 Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE APPROVE CONTRACT AMENDMENTS WITH AMTECH ELEVATOR SERVICES AND EXCELSIOR ELEVATOR FOR ELEVATOR MAINTENANCE AND REPAIR, EXTENDING THE TERM FOR 4 MONTHS AND INCREASING THE COMPENSATION IN A COMBINED AMOUNT NOT TO EXCEED $65,000 (SPECIFICATION NO. 13-070) {STRATEGIC PLAN NO. 6, 1C} /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �1��►1�1�1:3q:7 RECOMMENDED ACTION 1. Authorize the City Manager to amend the contract with Amtech Elevator Services for elevator maintenance and repair services, extending the term for four months, through June 30, 2020, to coincide with the end of the fiscal year, and increasing the compensation by an amount not to exceed $30,000, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager to amend the contract with Excelsior Elevator for elevator maintenance and repair services, extending the term for four months, through June 30, 2020, to coincide with the end of the fiscal year, and increasing the compensation by an amount not to exceed $35,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 21, 2014, the City Council awarded an elevator maintenance and repair services contract to the lowest bid contractor, Excelsior Elevator, for a three-year period with two one-year renewal options. The service contract with Excelsior Elevator included regular lubrications, adjustments, and replacements of all major and minor parts, prompt and efficient repairs of elevator trouble, as well as the rewinding of burned motors and replacement of electric coils. A year into the City's contract with Excelsior Elevator, the Police Administrative and Holding Facilities experienced mechanical failures and excessive down time with their elevators. On May 19, 2015, the Police Department opted to contract with Amtech Elevator Services for elevator maintenance and repair services for the Police Department facilities. 22B-1 Contract Amendments for Elevator Maintenance and Repair December 17, 2019 Page 2 On March 5, 2019, the City Council approved the execution of a one-year extension of the Excelsior agreement, and an eight -month extension of the agreement with Amtech Elevator Services, extending the term of both agreements to January 31, 2020. At this time, staff is requesting an additional five -month extension to allow for the new Facilities Manager to be hired and the necessary time to develop a more comprehensive Request for Proposals that results in the selection of an acceptable service provider for all elevators Citywide. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT For the Amtech Elevator Services agreement amendment, $30,000 is available in the Fiscal Year (FY) 2019-20 Police Department Building & Facility Contract Services account (No. 01114403- 62300). For the Excelsior Elevator agreement amendment, $35,000 is available in the FY 2019- 20 Public Works Agency Building Maintenance account (No. 07317100-62300). Funds are available for expenditure in FY 2019-20 as follows: Fiscal Accounting Unit- , Accounting Unit Fund Description Amount Year Account# Account Description Building & Facility, FY 2019-20 01114403-62300 General Fund Contract Services- $30,000 Dec. -June Police Department Professional Building Maintenance, FY 2019-20 Dec. -June 07317100-62300 Building Maintenance Contract Services- $35,000 Professional Total: $65,000 Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency David Valentin Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency FSS/NS/TC/GL 22B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended AWARD A BLANKET ORDER CONTRACT El Amended ❑ Ordinance on ' Reading IN THE AMOUNT OF $375 000 TO ALL ❑ 2n Ordinance on tl Reading AMERICAN ASPHALT FOR ASPHALT ❑ Implementing Resolution CONCRETE MATERIALS ❑ Set Public Hearing For (SPECIFICATION NO. 19-062) (NON GENERAL FUND) {STRATEGIC PLAN NO. 6,21 /s/Kristine Ridge CITY MANAGER Lois]►oil 0LI CI00] FILE NUMBER RECOMMENDED ACTION Award a blanket order contract to All American Asphalt for asphalt concrete materials for a two- year term beginning December 18, 2019, and expiring December 31, 2021, with provisions for three one-year renewals exercisable by the City Manager, in an annual amount not to exceed $75,000, for a total contract amount not to exceed $375,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Water Resources Division performs a variety of maintenance and repairs on the City water and sewer systems. Jobs include mainline leak repairs, and replacement of water services and sewer laterals. Temporary asphalt concrete mix is used to repair trench cuts required in performing the repairs. Permanent asphalt concrete trench resurfacing is provided under a separate contract administered by the Public Works Agency Maintenance Services Division. The Notice Inviting Bids for asphalt concrete materials was advertised on May 29, 2019, on the City's online bid management and publication system. A summary of the Invitation for Bids and bids received is as follows: 126 Vendors notified 9 Santa Ana vendors notified 12 Vendors downloaded the bid packet 1 Bid received 0 Bids received from Santa Ana vendors 22C-1 Award Contract for Asphalt Concrete Materials December 17, 2019 Page 2 One bid was received and opened on July 2, 2019, and evaluated. The bid received from All American Asphalt is responsive to specifications and meets the City's requirements. The annual amount of $75,000 is based on historical expenditure trends. Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified eight Santa Ana vendors. None downloaded or submitted a bid packet for consideration. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (Address deferred maintenance on City buildings and equipment). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for the initial two-year term (FY 2019-20 through FY 2020-21) and three subsequent one- year renewal periods will be budgeted and made available for expenditure in the accounts specified below: Fiscal Year Accounting Fund Description Account Unit, Account Amount Unit -Account# Description Water System Maintenance, 06017641-63001 Water Miscellaneous Operating $18,750 Expenses FY 2019-20 Sanitary Sewer Sanitary Sewer Service, 05617640-63001 Service Miscellaneous Operating $18,750 Expenses Water System Maintenance 06017641-63001 Water Miscellaneous Operating $37,500 Expenses FY 2020-21 Sanitary Sewer Sanitary Sewer Service 05617640-63001 Service Miscellaneous Operating $37,500 Expenses Water System Maintenance 06017641-63001 Water Miscellaneous Operating $37,500 Expenses FY 2021-22 Sanitary Sewer Sanitary Sewer Service 05617640-63001 Service Miscellaneous Operating $37,500 Expenses Water System Maintenance FY 2022-23 06017641-63001 Water Miscellaneous Operating $37,500 Expenses 22C-2 Award Contract for Asphalt Concrete Materials December 17, 2019 Page 2 Fiscal Year Accounting Fund Description Account Unit, Account Amount Unit -Account# Description Sanitary Sewer Sanitary Sewer Service 05617640-63001 Service Miscellaneous Operating $37,500 Expenses Water System Maintenance 06017641-63001 Water Miscellaneous Operating $37,500 Expenses FY 2023-24 Sanitary Sewer Sanitary Sewer Service 05617640-63001 Service Miscellaneous Operating $37,500 Expenses Water System Maintenance 06017641-63001 Water Miscellaneous Operating $18,750 Expenses FY 2024-25 Sanitary Sewer Sanitary Sewer Service 05617640-63001 Service Miscellaneous Operating $18,750 Expenses Total $375,000 APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency FSS/TC/GL 22C-3 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: AWARD A CONTRACT TO SIGNATURE PAINTING, INC., FOR FIRE HYDRANT PAINTING SERVICES, IN AN ANNUAL AMOUNT NOT OF $220,000 (TOTAL NOT TO EXCEED $1,100,000) (SPECIFICATION NO. 19-103) {STRATEGIC PLAN NO. 6,21 /s/Kristine Ri CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1�1��►1�1�1:3q:7 RECOMMENDED ACTION Award a contract to Signature Painting, Inc., for fire hydrant painting services, for a three-year period beginning December 17, 2019, and expiring December 16, 2022, in an annual amount of $220,000, with provisions for two one-year renewals exercisable by the City Manager, for a total amount not to exceed $1,100,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana water system consists of approximately 450 miles of water main, over 5,000 fire hydrants, 6,000 distribution valves, and roughly 39,000 small water service connections. Fire hydrants are an important part of the water system to assist in providing sufficient fire protection for residences, businesses, and other facilities. Over time, these assets need maintenance, including repainting to protect them from the elements and extend their useful life. On October 7, 2019, a Notice Inviting Bids was advertised on the City's online bid management and publication system. A summary of the Invitation for Bids and bids received is as follows: 291 Vendors notified 3 Santa Ana vendors notified 28 Vendors downloaded the bid packet 10 Bids received 0 Bids received from Santa Ana vendors Ten Bids were received and opened on October 24, 2019. After evaluation (Exhibit 1), eight of the 10 bids received were determined to be responsive. Two bids were deemed nonresponsive due to missing required bid forms. The bid received from Signature Painting, Inc., was lowest, responsive to specifications, and meets the City's requirements. 22D-1 Award Contract for Fire Hydrant Painting Services December 17, 2019 Page 2 Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, which directly notified three Santa Ana vendors. None of the Santa Ana vendors downloaded nor submitted a bid packet for consideration. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (Address deferred maintenance on City buildings and equipment). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for the initial three-year term, FY 2019-20 through FY 2021-22, and two subsequent one- year renewal periods, if exercised, will be budgeted and made available in the account specified below: Fiscal Accounting Fund Account Unit, Account Amount Year Unit -Account# Description Description Water Water Systems Maintenance, FY 2019-20 06017641-62300 Contract Services -Professional $110,000 Water Water Systems Maintenance, FY 2020-21 06017641-62300 Contract Services -Professional $220,000 Water Water Systems Maintenance, FY 2021-22 06017641-62300 Contract Services -Professional $220,000 Water Water Systems Maintenance, FY 2022-23 06017641-62300 Contract Services -Professional $220,000 Water Water Systems Maintenance, FY 2023-24 06017641-62300 Contract Services -Professional $220,000 Water Water Systems Maintenance, FY 2024-25 06017641-62300 Contract Services -Professional $110,000 Total $1,100,000 APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency FS/NS/KL 47 G110TE WTI:13mFLSi.Si:lr'. n 22D-2 ABSTRACT OF BIDS FIRE HYDRANT PAINTING SERVICES (19-103) BIDDER LOCATION TOTAL AJ Fiestes Corporation Long Beach, CA $734,400.00 Black and White Painting, Inc. Canoga Park, CA $450,000.00 Coast Painting* Los Gatos, CA $592,150.00 CTG Construction* Wilmington, CA $1,400,000.00 ISR Painting & Wallcovering, Inc. Norwalk, CA $400,000.00 iWater, Inc. Irvine, CA $450,000.00 Signature Painting, Inc. Irvine, CA $185,000.00 TL Veterans Construction, Inc. Los Angeles, CA $1,410,000.00 Tony Painting Garden Grove $212,500.00 US National Corp Pacoima, CA $475,000.00 *Nonresponsive Bid EXHIBIT 1 22D-3 22D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE AWARD PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED $207,200 TO RDO EQUIPMENT CO., FOR VERMEER BRUSH AND TREE REMOVAL MAINTENANCE EQUIPMENT (ENTERPRISE FUND) (SPECIFICATION NO. 19-121) {STRATEGIC PLAN NO. 6,21 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize a one-time purchase and payment of purchase order to RDO Equipment Co., for the purchase of one stump cutter and two brush chippers, in the amount of $197,200, plus a contingency of $10,000, for a total amount not to exceed $207,200, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency, Maintenance Services Division is responsible for the maintenance of approximately 400 miles of streets and 50,000 street trees. Debris chippers and stump cutters are vital equipment utilized by Maintenance Division Staff daily, at multiple job sites, in the removal of tree trimming and landscaping debris, felled tree branches and limbs, stump grinding and removal, and for use in emergency response situations involving downed trees during storm events. The existing brush and tree removal maintenance equipment have reached the end of their useful lifecycle and have become unreliable. The equipment exceeds the City's Fleet Services Division's recommended Equipment Lifecycle Guidelines, earning a "terrible" rating, based on industry standards from the Municipal Equipment Maintenance Association, the National Association of Fleet Administrators, and the American Public Works Association. Furthermore, the equipment will not be in compliance with the State of California Air Resources Board Portable Equipment Registration Program in 2021. The new equipment will conform to State requirements and will be more productive. The equipment contains patented features, such as a bottom -feed stop bar used for safety and in emergency situations, engine idle systems that reduce noise and greenhouse emissions, and lower fuel consumption, resulting in better air quality as well as reduced operating costs. 22E-1 Award Purchase Order for Vermeer Maintenance Equipment December 17, 2019 Page 2 Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to Vermeer (Contract No. 062117-VRM) for procurement of chippers, stump cutters, trenchers, and compact utility loaders as a result of open competitive bidding on behalf of its members, which includes government agencies. RDO Equipment Co., also known as Vermeer Pacific, is the official and approved sole -source provider of equipment, parts, and service for Vermeer Corporation for the entire state of California. Utilizing the contract awarded to Vermeer Pacific allows the City to make purchases through August 18, 2021, and is in accordance with the City's existing Purchasing Guidelines. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (Address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $207,200 are budgeted and available for expenditure in FY 2019-20 as follows: Fiscal Year Accounting Unit- Fund Description Accounting Unit, Amount Account # Account Description Public Works - FY 2019-20 06817640-66400 Sanitation Fund Environment/Sanitation, $207,200 Dec. -June Machinery & Equipment Total: $207,200 APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency IXX91►6�C�7[el� 22E-2 REQUEST FOR COUNCIL ACTION [a]III r-ed la.I:s]10JA1=I =111II.tea UelIA DECEMBER 17, 2019 TITLE: AWARD A CONSTRUCTION CONTRACT TO CALIFORNIA PROFESSIONAL ENGINEERING, INC. IN THE AMOUNT OF $421,043 FOR THE PACIFIC ELECTRIC BIKE TRAIL AND SADDLEBACK VIEW PARK SECURITY LIGHTING PROJECT, WITH AN ESTIMATED TOTAL PROJECT COST OF $568,409 (PROJECT NOS. 18-7524 & 18-7533) {STRATEGIC PLAN NOS. 6, 1 B, 1 G} Eel I=11N:(+] Md la.Eel I WWI =11115•].IWI i APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2" ° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $421,043, for construction of the Pacific Electric Bike Trail and Saddleback View Park Security Lighting Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $568,409, which includes $421,043 for the construction contract; $63,157 for contract administration, inspection, and testing; and a $84,209 project contingency (approximately 20% of the construction contract amount) using Community Development Block Grant funds. DISCUSSION The Pacific Electric Bike Trail is an off-street bike trail that runs parallel to Maple Street from McFadden Avenue to Occidental Street. Saddleback View Park is located at Patricia Lane (Exhibit 1). Both locations currently have inadequate lighting, which can be a safety hazard. The scope of work includes new concrete poles with energy -efficient LED fixtures, foundation, electrical cabinets, electrical conduit, and wiring. Once completed, these improvements will enhance lighting levels and safety for both locations. The Community Development Block Grant (CDBG), one of the longest -running programs of the U.S. Department of Housing and Urban Development, funds local community development activities with the stated goal of providing affordable housing, anti -poverty programs, and 23A-1 Award Contract to California Professional Engineering, Inc., for Pacific Electric Bike Trail and Saddleback View Park Security Lighting Projects December 17, 2019 Page 2 infrastructure development. The CDBG Program was created through the Housing and Development Act which was adopted in 1974, and returns income tax funds to cities and counties to develop viable urban communities, primarily for the benefit of low and moderate income people. Funds for this project were allocated by the City Council on June 4, 2019 upon approval of the Fiscal Year 2019-20 CDBG Program. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 27, 2019 and October 2, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 15, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 561 vendors, including 29 located in the City of Santa Ana, were notified of the project via PlanetBids. Bid documents were requested from 34 vendors and bids were received from 9 contractors. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 California Professional Engineering, Inc. La Puente $421,043 2 GDM Inc. Chino $481,420 3 Elecnor Belco Electric, Inc. Chino $526,130 4 Select Electric, Inc. Vista $529,777 5 YAKAR Covina $549,000 6 Fortte Construction, Inc. Buena Park $553,605 7 Aid Builders Inc. Los Alamitos $560,000 8 International Line Builder's, Inc. Corona $575,229 9 Alfaro Communications Construction, Inc. Compton $681,000 All nine bids were responsive. California Professional Engineering, Inc., submitted the lowest responsive bid, in the amount of $421,043 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to California Professional Engineering, Inc. in the amount bid. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost 23A-2 Award Contract to California Professional Engineering, Inc., for Pacific Electric Bike Trail and Saddleback View Park Security Lighting Projects December 17, 2019 Page 3 Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $568,409. Construction Contract $421,043 Construction Administration, Inspection, and Testing $63,157 Contingencies $84,209 ESTIMATED CONSTRUCTION DELIVERY COST $568,409 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (Develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.)). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2017-142 and ER- 2018-106 were filed for the projects. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $568,409, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the funds budgeted and scheduled for expenditure in Fiscal Year 2019-20 to deliver construction of this project: Fiscal Accounting Unit- Fund Description Accounting Unit, Amount Year Account# Account Description FY 2017-18 CAPITAL IMPROVEMENT PROGRAM APROVED BUDGET 13518783-66220 Community CDBG Programs — FY 2019-20 July -June (Project 18-7524) Development Block Improvements Other $456,543 Grant Than Buildings 13518783-66220 Community CDBG Programs — FY 2019-20 (Project 18-7533) Development Block Improvements Other $111,866 July -June Grant Than Buildings Total: $568,409 23A-3 Award Contract to California Professional Engineering, Inc., for Pacific Electric Bike Trail and Saddleback View Park Security Lighting Projects December 17, 2019 Page 4 Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Lisa Rudloff Executive Director Parks Recreation and Community Services FSS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23A-4 23A-5 City of Santa Ana Page 1 Security Lighting for 18-7524 Pacific Electric Bike Trail & Project 18-7533 Saddleback View Park (18-7524 & 18-7533), bidding Printed 11/18/2019 EXHIBIT 2 Bid Results Bidder Details Vendor Name California Professional Engineering, Inc. Address 929 Otterbein Avenue Unit E La Puente, CA 91748 United States Respondee Van Nguyen Respondee Title President Phone 626-810-1338 Ext. Email van@cpengineeringinc.com Vendor Type SBE,MBE,CADIR License # 793907 CA DIR Bid Detail Bid Format Electronic Submitted October 15, 2019 1:32:02 PM (Pacific) Delivery Method Bid Responsive Yes Bid Status Submitted Confirmation # 192960 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General Attachments General Attachments.pdf General Attachment Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Bid Bond (3).pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit Non Collusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Items 1 New Security Lighting atPacifc Electric Bike Trail LS 1 $298,000.00 $298,000.00 2 New Security Lighting atSaddleback View Park LS 1 $68,693.00 $68,693.00 3 Additional Wiring* LF 300 $2.50 $750.00 PlLei✓6 Tris City of Santa Ana Page 2 Security Lighting for 18-7524 Pacific Electric Bike Trail & Project 18-7533 Saddleback View Park (18-7524 & 18-7533), bidding Printed 11/18/2019 Bid Results Type Item Code UOM City Unit Price Line Total Comment 4 Additional 2" Conduit* LF 300 $18.00 $5,400.00 5 Additional Light Pale* EA 4 $3,650.00 $14,600.00 6 Additional Light Pale Assembly* EA 4 $5,650.00 $22,600.00 7 As -Built Drawings (PE Bike Trail) LS 1 $500.00 $500.00 8 As -Built Drawings (Saddleback ViewPark) LS 1 $500.00 $500.00 9 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $421,043.00 Asterisk Notes (Per Section 3-2 of Standard Specifications) - NOT part of Total Bid Calculation 10 = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantify used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. ea 0 0 0 11 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $421,043.00 PlLetal Tr, CITY OF SANTA ANA Exhibit 2 PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to Furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I New Security Lighting at I LS S $ Pacific Electric Bike Trail as b �ae48�) 2 New Security Lighting at I LS $ $ ,� Saddleback View Park 3 laS� 3 Additional Wiring* 300 LF $ S 75-0 4 Additional 2" Conduit* 300 LF $ $ B � 5, � t �� 5 Additional Light Pole* 4 EA $ $ �5O 6 Additional Light Pole Assembly* 4 EA S $ 7 As -Built Drawings (PE Bike Trail) I LS $ 8 As -Built Drawings (Saddleback View I LS $ o $ Park) �� 9 Labor Agreement Oversight 1 LS $ 10.000 1 ;(� Ik CITY OF SANTA ANA PROPOSAL PROJECTNO. 18-7524: PACIFIC ELECTRIC BIKETRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING TOTAL BASE sin 3 = The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used. and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 75 workine days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,200 per calendar day. Name of Firm Signature of BII Title F'resident , SQ.cre+ArV MsrrJ"Eiz (If an individual, so state. If a firm or co -partnership, state the fine name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof) L�A_b MINUTES OF THE ANNUAL MEETING OF SHAREHOLDERS AND DIRECTORS CALIFORNIA PROFESSIONAL ENGINEERING, INC. The annual meeting of the shareholders of the above named California Corporation was duly held at the principal office of the corporation located at 929 Otterbein ,Avenue, Unit E, La Puente, CA, 91748.. USA on January 21, 2019, The Director present was VAN TAN NGUYEN. President acting as Chairman, same being VAN TAN NGUYEN, The Chairman then presented and read to the meeting a Waiver of Notice of Meeting, subscribed by all of the Directors of the Corporation. Upon motion duly made, it was: Resolved, that the Chairman be requested to cause the same to be spread at length upon the minutes. Resolved, that the following persons were nominated and thereupon elected to the position opposite their names to serve until their successors are elected and qualified: VAN NGUYEN. PRESIDENT VAN NGUYEN, SECRETARY PHUONG-THAO NGUYEN, CHIEF FINANCIAL. OFFICER (CFO) Resolved, that the above persons elected may sign all binding, contractual documents on behalf of the Corporation. The President, Secretary, and T reasurer thereupon assumed their respective offices. The President then presented and read the minutes of the annual meeting of shareholders of this Corporation, and the same were, on motion duly made, seconded and unanimously carried, in all aspects ratified and adopted by this Board of Directors, There being no further business to come before the meeting, upon motion duty made, seconded and unanimously carried, the same was adjourned. The foregoing minutes of JanuaV 21, 2019 are approved: VAN NGUYEN, President (corporate seal) 23A-10 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the rm of this document, and its execution, and when it City Attorney, denoting his approval of the fo or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm California Signature of BIDDER Title President (If an individual, so state. If a firm or co -partnership, state all individual co-partners composing the firm. If a corpora and names of President, Secretary, Treasurer and Manager, Te firm name and give the names of on, state legal name of corporation, thereof.) CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: California Professional Engineering Inc. Business Address: 929 Otterbein Ave, Unit E La Puente CA 91748 Business E-Mail Address: van@cpengineeringinc.com Telephone: 626-810-1338 State Contractor's License No. and Class: 793907 A C- t License Expiration Date: 04/30/2021 State Dept. of Industrial Relations (DIR) Registration No.: 1000377609 State Dept. of Industrial Re a U ons (DIR) Registration Expiration Pate, Siened: Title: President �it'�I-f2 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000. et seq., ("Prevailing Wage Laws"), which require the payment of Prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1.000 or more. Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out ofam failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name ofFirm California Professional Erin Ana-4nc_A Signature of BIDDER Title President (if an individual, so state) hk-T1 3 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING OWNERSHIP AFFIDAVIT S"FAH OFCALIFORNIA ) COON:IY OF ORANGI? ) SS: CITY OF tiAN IA ANA ) . being duly sworn, deposes and says: ❑ INDIVIDUAL I hat he/she is the partVmaking the fORgoing proposal: ❑ PARTNERSHIP That he/she is a memhcrof the co -partnership firm designated as: and who has been and is dull vested with the authorih to make and c\ccute instruments for the co -partnership bN: who constitute the other members of the co -partnership. VCORPOR.AIION that he is ol: ❑rasaern a corporation which is making the foregoing proposal: ❑JOINT V EN I U R 1, That he is o C. one of fhe parties making the la-ceoiug proposal as ajoad venture, and the heishe has been and is duly vested with the authorih to execute instruments liar an on behalf of the parties making said bid who are: that such a b' is genuine and not collusive or sham, and has not in any manner sought by collusion to sec re a a van�ageainst the City of Santa Ana or any person interested in the proposed contra fo himself her person. Signatur o idder �Q Subscribed and sworn to befor me this day of 20 Signature of officer Administering Oath (Notary Public) ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los angeles I Ss. On I I W Z I� _, before me Alicia Nguyen Notary Public, DAI E j personally appeared �/ n who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALICIA NGUYEN COMM. # 2211346 a ROTARY PURUC-CAUFORN1A LOS ANGELES COUNTY Comm. Exp. AUG. 25, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'SSIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracv, or validitv of that document. PLACE NO'I ARY SEAL IN ABOVE SPACE The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) -�/ INDIVIDUAL } [id CORPORATE01-FICER RQSId�xcr ❑ PARTNER(S) nTE(s ❑ ATTORNLY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDI.ANICONSERVATOR ❑ OTHER.._... SIGNER (PRINCIPAL) IS REPRESENTING: NAME01PBRSON(S) OR I:u I11 ) OLS) DESCRIPTION OFATTACHED DOCUMENT 11IL60R 11760E DOCUMENT NUMBER OP PAGES DATE of oocu�mN r RIGHT THUMBPRINT OF SIGNER 01HER-... ---- APA IA012VOTARYBONDR,SIPPLILSAND IORMSATIMP'AC'V1'NI VAI. I FYSIFRRA.COM t2005-?ultVMJIV-SIP-RRA INSCRANCE 23A-15 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING KNOW ALL PRESENT that, California Professional Engineering Inc , as BIDDER, and United States Fire insurance omnany , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of the Total Bid Amount Dollars ($ 10%of bid amp_), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. 1N WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14th day of October 2019. BIDDER* SURETY* Irene Luong, Attori Subscribed and Signature: atE Notary Public in and for the County of Suite 160, Mission Viejo, CA 92691, T:949-461-7725 See Attached , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 ofP-16 23A-16 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los angeles SS. On �I 1;�,101(i , before me, Alicia Nguyen Notary Public, DATE �� personally appeared VQh 1 Oq'f ¢X who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALICIA GUYEN CautM. # 2211346 NOTARY PUBLIC •CAU ML4 g LOS ANGELES COUNT Comm. Exp. AUG. 25, 2021 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY'S SIGNATURE A notary public or other office completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracv. or validitv of that document. P1..4CE NOTARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ INDIVIDUAL [9'CORPORATF OFFICER ��e�Jea- ❑ PARTNER(S) Tuie(s) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER (PRINCIPAL) IS REPRESENTING: NAMii01 PF.RS0N(S)0R1NJ11Y(IES) APA V_012 DESCRIPTION OFATTACHED DOCUMENT ITI LE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OFDOCUMENT — .— OTHER RIGH"F TI IUMBPRINT OF SIGNER NOTARY BONDS. SCPPLIES AND FORMS AT HTTP:1AVNWAALL EY-SIERRA.CO?7 €'2�(IS-2003 V4LI.EXS7FRRA INSliitANCE 23A-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On October 14, 2019 before me, Robyn R. Kargari , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s) of Signer(s) g ROBYNRKARGARI NCOMM.# 2296844 X NOTARYPIXlXtAU0RNIA.'0 C4ORANGE COUNTYYCOMbL EXP. JULY 13, 2023 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature ���/ Place Notary Seal Above n eta Ebro Robyn R. Kargari OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s):— ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): — ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other. Signer is Representing: 23A-18 POW ER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE - MORRISTOWN, NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Yung T. Mullick, James W. Moilanen, Irene Luong, P. Austin Neff, Stephanie Hoang each, its true and lawful Attomey(s)-In-Fact, with full power and authority hereby conferred in its time, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Fifty Million Dollars ($50,000,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys -In -Fact named above and expires on January 31, 2020. This Power of Attorney is granted pursuant to Article IV of the By -Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments - Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-president, any Assistant Vim President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article Ill, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10 day of March, 2016, UNITED STATES FIRE INSURANCE COMPANY r - State of New Jersey) Anthony R. Slimowicz, Executive Vice President County of Morris ) On this 10" day of March 2016, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIASCALAi-a 1j-'✓-"'i„�% NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No. 2163686 1, the underigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attomey of which the foregoing is a ;uh, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 14th day Of October , 2019 RIP UNITED STATES FIRE INSURANCE COMPANY Vice President STATE OF CALIFORNIA DEPARTMENT OF INSURANCE NO 07812 SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY THAT, Pursuant to the Insurance Code of the State of California, United States Fire Insurance Company Of Wilmington, Delaware , organized under the laws of Delaware , subject to its Articles of Incorporation or otherfundamenral organizational documents, is hereby authorized to transact within the State, subject to all provisions of this Certificate, thefollowing clauses of insurance: Fire, Marine, Surety, Disability, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous as such classes are now or trap hereafter be defined in the Insurance laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the hohler hereof now and hereafter being in full compliance with all, and not in violation ofany, of the applicable laws and lawful requirements made under authority of the laws of the State of California as long as such laws or requirements are it, effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 31st day of Decembers _20 03 ,Ihave hereunto set my hand and caused my official seal to be affixed this 31st day of December 2003 M 4VG GUU2`Q _ Asst. "e a ty NOTICE: Qualification with the Secretary of State must be. accomplishrd as requ r aC6tpOrafiort& Co pcomptl,y. aftu issuance of this Certificate of Authority. Failure [e do so wilt oe a violation of Incur nedCc&t5ection.701 and will N grounds for revoking this Certificate of Authority pursuant to the convenors made in the application therefor and the conditions contained herein. ronsi cn., Cara sszt. 23A-20 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %z% of the bid or S 10,000, whichever is greater o Buildings, parks, or other projects: 'i20;o ofthe bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions ofthe work to the toms listed below: Name t>C t>W1LL,r4CA IN G Name License #/Exp. gq_5-7 444 License#/Exp. DIR Reg. 4/Exp. ` '9t�'zl` q 9� _ DIR Reg. 4/Exp. Location GA F �- "r+ IQ1ya 4v Phone �{g / - 4j fPY� f /G7- Phone Type Of Work j3a2E 'Type Of Work Amount$ 47t�ia� Amount$ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg.#/Exp. License # _ Location _ Phone Type Of Work Amount $ , Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of W ork Amount $ Name License #/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ �%' 41 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. Please see attached Name and Address of Owner. 3. Name and Telephone Contract Amount Name and Address of owner. of person familiar with project. Type of Work Name and 'I elephone Number of person familiar with project. Contract Amount Name and Address of owner. 'Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached 2;3A'-' 0 0 it l N VJ N L J M O7 N O Q_ Cn O R C @ 4' 0— a Q O -1 @ O C CON LL Q J v C6 C O C O C C O C d' d cOG V C N W N O O C pv- � (j v) m O N N Z O N C7 N V O U o O U m V 0 O � M o N N G Y Z Y Y Z o w W X W s O N O O W C co N O d W O jn O of of � p o N o p o N m a ) ° @ as _m c} c�v aoi o ii o 23A 23 0 O 0 p p o 0 0 d � U O� O` V} @ > Cf) O N _ F-= c M 3p p Cl� O @ N N C. N N � p U U Q Q t4 �O CJ = O N O p @ = O O ate. U � m M 6 @ @ . M OJ � O� UC COO p J Q DU ZE m OO M m Q � 3 M > d M O QJ O C _N O N U O U O w U C CO U S` @ w � m m U �= U U U O UO M = W cep p O O h- I� N O M IX3 M p M W N p ^ N @ WLU W W � V N N N p p � Z V V M O d O N T N T N N _T O J T @ p O O CEO � O � O � N N 2 A-24 M 23A-25 California Professional Engineering, Inc. o r Bonding and Insurance Information We intend to procure all bonds from: United States Fire Insurance Company Broker: The Bond Exchange Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949-461-7000-office # 949-461-7725-fax # ymullick@thebond-exchange.com We intend to procure all-general/access liability/auto liability certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com We intend to procure all workers' compensation certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com document last modified 08.22.2019 929 Otterbein Avenue, Unit E. La Puente, CA 917481 Ph: (23Ami ": (626) 810-13221 Email: estimating@cpengineeringinc.com CITY OF SANTA ANA PROPOSAL PROJECLNO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I . Please see attached Name and Address of Owner. 3. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. 'hype of Work Name and I elephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Please see attached 929 Otterbein Ave., Unit E La Puente, CA 91748 Ph: (626) 810-1338 Fax: (626) 810-1322 www.cg=gineeringinc.com CaliforniaProfessional Engineering, Street Lighting -Job References PROJECTS: Design — Build High Voltage Streetlight System Rewiring Amount: $547,044.66 Owner: City of Santa Ana Project Manager: Tyrone Chesonek Email: tchesonek@santo-ona.org Contact Phone #: (714) 647-5690 Fax #: (714) 647-5622 Status: Completed Approximate Start/End Dates: Feb 2015-March 2016 Description of Supplies, Equipment, or Services Provided: Convert High Voltage Wiring to Low Voltage Wiring, Design/Build, Installation of Lighting Fixtures, and Conduit. Installation of Sport Field Lighting System Amount: $65,501.00 Owner: City of Huntington Park Project Manager:Josette Espinosa Email: jespinosa@hpco.gov Contact Phone #: (323) 584-6216 Fax #: (323) 588-4577 Status: Completed Approximate Start/End Dates: Dec 2015-Jan 2016 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring, Pull Box, Sports Field Lighting Fixtures, and Lighting Poles. Firestone Blvd Improvement Project Amount: $409,305.58 Owner: City of Downey Project Manager: Keith Hoey Page 1 of 1)01I'Meni Lm-1 Up�lnted 4 J 2016 23A-28 Email: khoey@downeyco.org Contact Phone #: (562) 622-5898 Fax#: (562) 904-7296 Status: Completed Approximate Start/End Dates: April 2014-August 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pull Boxes, Pedestals, LED Fixtures, and Light Poles. Street Light in Lieu Amount: $244,716.35 Owner: City of Ontario Project Manager: Johnson Huo Email: jhuo@ci.ontorio.co.us Contact Phone #: (909) 395-2131 Fax #: (909) 395-2122 Status: Completed Approximate Start/End Dates: Jan 2014-April 2014 Description of Supplies, Equipment, or Services Provided: Installation of Conduit & Wiring/Conductors, Pullboxes, Pedestals, LED Fixtures, and Light Poles. Old Towne Street Lighting Improvements Amount: $453,145.00 Owner: City of Orange Project Manager: Medel Lanes Email: mllones@cityoforange.org Contact Phone #: (714) 744-5535 Fax #: (714) 744-5573 Status: Completed Approximate Start/End Dates: Jan 2012-April 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Pullboxes, Pedestals, Street Lights w/ Fixtures, and Light Poles. Installation of Street Lighting on Mountain Street from Craig Ave Amount: $335,166.00 Owner: City of Pasadena Project Manager: Chris Hernandez Email: cehernandez@cityofpasodena.net Contact Phone #: (626) 744-4303 Fax #: (626) 396-7931 Status: Completed Approximate Start/End Dates: Jon 2012-May 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduit, Street Light Pullboxes, LED lamps, Post Top Concrete Streetlights, Street Light Conductors, and Modify Existing Street light Feed Point. Pa,-e 2 of 3 Docamem Lass I lAaed 4 i 2016 23A-29 Street Light Installation — Guinida Lane Amount: $20Z345.50 Owner: City of Anaheim Project Manager: Mark Brownrigg Email: mbronwrigg@onaheim.net Contact Phone #: (714) 765-4300 Ext. 4596 Fax #: (714) 765-5225 Status: Completed Approximate Start/End Dates: Aug 2011-March 2012 Description of Supplies, Equipment, or Services Provided: Installation of Conduits, Wirings, Service, Foundations, Street Light Poles, and Luminaires. Page 3 of 3 Docvrrsenl host Updnled 4 5 2016 23A-30 California r essi 1 Engineering, Inc Bonding and Insurance Information We intend to procure all bonds from: United States Fire Insurance Company Broker: The Bond Exchange Yung T. Mullick, Attorney -In -Fact 24800 Chrisanta Drive, Suite 160 Mission Viejo, CA 92691 949-461-7000-office # 949-461-7725-fax # ymullick@thebond-exchange.com We intend to procure all generabaccess liability/auto liability certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com We intend to procure all workers' compensation certificates from: Duran Risk & Insurance Services, Inc. an affiliate of United Agencies, Inc. George Duran, Agent 6371 Haven Ave. Suite 3-222 Rancho Cucamonga, CA 91737 909-360-1108-office # 909-360-1273-fax # george@duraninsuranceservices.com document last modified 08,22.2019 929 Otterbein Avenue, Unit E. La Puente, CA 917481 Ph: 24DA*3ltx: (626) 810-1322 1 Email: estimating@cpengineeringinc.com CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited anv other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BI DDER, or to secure any advantage against the publ is body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member o- agent thereof to effectuate a collusive or sham bid. Note: Theabove 0h-, ollusionAffid vitis srtoftheProposal. BIDDERS are cautioned that rn�.Jnl a fals� iticationtntay�ubject the certifier to criminal prosecution. Signed State of California County of__ Subscribed and sworn to (or affirmed) before me on this day of , 20_, by _, proved to me on the basis ofsatisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal L 111f 3S2 ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los angeles On jD { S 2a1 , before me, DATE I SS. Alicia Nguyen Notary Public, personally appeared VOA f ��P� who p)roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. NOTARY'S SIGNATURE A notary public or other office completing this certificate verifies only the ideniity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv. or validity of that document. PLACE NOI:ARY SEAL IN ABOVE SPACE OPTIONAL INFORMATION The information below is optional. However, it may prove valuable and could prevent fraudulent attachment of this form to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ❑ I INDIVIDUAL [v CORPORATE OFFICER ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) p{2 (�"P'hA- I TLE(S) ❑ GUARDIANICONSERVATOR ❑ OTHER: SIGNER.(PRINCIPAL) IS REPRESENTING: NAMI 01 I'ERSON(S) OR ILN'l l'IY(1ES) APA 1 2011 DESCRIPTION OFATTACHED DOCUMENT rl i LE OR`I PE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUNINI.____--- _-- - O1HER RIGHT' THUMBPRINT OF SIGNER \01ARYBONDl SLPPLI6SAND I ORMS.ATHTIP hA'R'&',VAI I EY StFRRA_C O\I _ 200>= 00S AI I.[Y-Sfl RR.A1NSURANCE 23A-33 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising: layoff or termination: rates of pay or other forms of compensation: and selection for training. including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Cont•actorshall, in all solicitations or advertisements for employees placed by or on behalf of the Contactor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965. and by rules, regulations, and orders ofthe Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965. or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. ig ffJ4 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (I ) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939. and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of ublic Vvor violating this Section is subject to all the penalties imposed for a violation of the Chapter.; A �1 Signed: Title: President Firm: California Professional Engineering Inc. Date: 10/15/2019 �Qf H A CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work fora certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she emplovsjourneymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other c tractors, except com ctors not signatory to the trust agreement shall pay a like amount the ' ornia Ap ent�ac of Council. Signed: Title: President Firm: California Professional Engineering, Inc. Date: 10/15/2019 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECT NO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING STATEMENT REGARDING "ANTI -KICKBACK" RE OUIRFMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CPR, Part 3). This act provides that each contractor or subcontractor shall be prohibi d from inducing, by any means. any person employed in the constructi�on or repair of public 'ork, to give up any part of the compensation to which he/she is other�vise(eltylle Signed: Tide: President Firm: California Professional Engineering Inc. Date: 10/15/2019 CITY OF SANTA ANA PROPOSAL PROJECT NO. 18-7524: PACIFIC ELECTRIC BIKE TRAIL PROJECTNO. 18-7533: SADDLEBACK VIEW PARK SECURITY LIGHTING PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation'? Yes No X If the answer is yes, explain the circumstances in the following space. Exhibit 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NOS. 18-7524AND 18-7533 PACIFIC ELECTRIC BIKE TRAIL AND SADDLEBACK VIEW PARK SECURITY LIGHTING PROJECTS This CONSTRUCTION CONTRACT is made and entered into this 17s' day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and California Professional Engineering, Inc. (hereinafter "CONTRACTOR"). WH NESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Pacific Electric Bike Trail and Saddleback View Park Security Lighting Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Four Hundred Twenty -One Thousand Forty-three and No Cents ($421,043.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." rev. 09/01/2017 23A-39 Page I of 3 The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A-40 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:,, JCVN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: California Professional NAME: Van Nguyen TITLE: President Inc. 23A-41 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-7524 & 18-7533: Pacific Electric Bike Trail and Saddleback View Park Security Lighting Construction Contract $ 421,043 Contract Administration $ 26,157 Inspection and Testing $ 37,000 Contingencies $ 84,209 TOTAL ESTIMATED CONSTRUCTION COSTS $ 568,409 23A-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $540,408, FOR THE BRISTOL STREET REHABILITATION FROM MACARTHUR BOULEVARD TO RAILROAD PROJECT WITH AN ESTIMATED PROJECT COST OF $647,760 (PROJECT NO. 19-6943) {STRATEGIC PLAN NOS. 6, 1 C; 1 G} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ ,K•�►nl►tr».ic•� /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $540,408, for construction of the Bristol Street Rehabilitation from MacArthur Boulevard to Railroad (North of Alton Avenue) Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $647,760, which includes $540,408 for the construction contract; $53,552 for contract administration, inspection, and testing; and a $53,800 project contingency, paid with Highway Users Tax Account -Road Maintenance and Rehabilitation Funds. DISCUSSION The City's Pavement Management System has identified Bristol Street from MacArthur Boulevard to Alton Avenue as high priority for street rehabilitation (Exhibit 1). The pavement has deteriorated due to weather, age, and wear -and -tear from heavy usage vehicles. The improvements include the removal and replacement of failed asphalt pavement; the replacement of damaged concrete curb, gutters, sidewalks, and curb ramps; and installation of traffic loops, traffic stripes, and pavement markings. Once complete, these improvements will enhance ride quality and safety of motorists, pedestrians, and bicycle users. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on October 2, 9, and 16, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on October 24, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current 23B-1 Award Contract to All American Asphalt for Bristol Street Rehabilitation from MacArthur Blvd to Railroad December 17, 2019 Page 2 and future City projects, as well as download contract documents, receive project updates and submit bids electronically. A total of 839 vendors, including 47 located in the City of Santa Ana, were notified of the project via PlanetBids. 43 vendors requested bidding documents and 4 bids were received, with none from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 All American Asphalt Corona $540,408 2 Hardy & Harper, Inc. Lake Forest $591,716 3 R.J. Noble Company Orange $609,863 4 Excel Paving Company Long Beach $649,749 All four bids were responsive and All American Asphalt submitted the lowest responsive bid in the amount of $540,408 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to All American Asphalt in the amount bid (Exhibit 3). Project Delivery To deliver a complete project, in addition to the construction contract awarded to the lowest responsible bidder, the estimated total construction delivery cost of the project includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $647,760. Purpose Cost Construction Contract $540,408 Construction Administration, Inspection, and Testing $53,552 Contingencies $53,800 ESTIMATED CONSTRUCTION DELIVERY COST $647,760 These amounts will cover all staffing costs for delivery of this capital project and no additional funding will be used. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard) and 23B-2 Award Contract to All American Asphalt for Bristol Street Rehabilitation from MacArthur Blvd to Railroad December 17, 2019 Page 3 Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-53 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $647,760, which includes the construction contract, contract administration, inspection, testing, and project contingency. The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Year Accounting Unit- Account # Fund Description Accounting Unit, Account Description Amount FY 2019-20 05917665-66220 Select Street HUTA Gas Tax - RMRA, Improvements $647,760 Dec. -June (Prof. 19-6943) Construction Other than Building Total: $647,760 All funds are scheduled for expenditure in Fiscal Year 2019-20. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23B-3 23B-4 City of Santa Ana Page 1 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11/20/2019 Bid Results EXHIBIT 2 Bidder Details Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, CA 92879 United States Respondee Jim McGee Respondee Title Project Manager Phone 951-736-7600 Ext. 205 Email publicworks@allamericanasphalt.com Vendor Type CADIR License # 267073 CA DIR Bid Detail BidFormatElectronic Submitted October 24, 2019 1:45:43 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 192809 Ranking 0 Respondee Comment Buyer Comment Attachments File Title File Name File Type General _ General Attachment.pdf General Forms _ Ownership Affidavit Ownership Affidavit.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Executed Bid Bond.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Non-Collusion.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Items Type Item Code UOM City Unit Price Line Total Comment Base Bid Items 1 Unclassified Excavation CY 250 $213.00 $53,250.00 2 Cold Mill (2") SF 130300 $0.22 $28,666.00 3 Cold Mill (Y) SF 7000 $0.35 $2,450.00 23B-5 City of Santa Ana Page 2 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11/20/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Asphalt Pavement TN 242 $155.00 $37,510.00 5 Asphalt Rubber Hot Mix (ARHM) TN 1500 $100.00 $150,000.00 6 ARAM SY 15300 $6.30 $96,390.00 7 PCC Sidewalk (4") SF 1454 $10.00 $14,540.00 8 PCC Curb Ramp SF 1820 $10.70 $19,474.00 9 PCC Curb & Gutter (Type A-2-8) SF 220 $49.00 $10,780.00 10 Survey Monument LF 2 $425.00 $850.00 11 Truncated Dome EA 13 $875.00 $11,375.00 12 Furnish and Install Water Valve Frame and Coverto Finished Grade EA 13 $795.00 $10,335.00 13 Adjust Manhole Frame & Cover to Finished Grade EA 4 $900.00 $3,600.00 14 Furnish and Install #6 Pullbox to Finished Grade EA 11 $722.00 $7,942.00 15 Furnish and Install Traffic Loops D t EA 21 $245.00 $5,145.00 16 Furnish and Install Traffic Loops E t EA 50 $218.00 $10,900.00 17 Furnish and Install Traffic Loops Q t EA 3 $245.00 $735.00 18 Temporary Construction Sign EA 5 $1,050.00 $5,250.00 19 Project Advertisement Sign EA .. $1,500.00 $3,000.00 23B-6 City of Santa Ana Page 3 Bristol St. Rehabilitation: MacArthur Blvd. to Railroad (N. of Alton Ave.) (19-6943), bidding on October 24, 2019 2:00 PM Printed 11/20/2019 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 20 Labor Oversight Agreement LS 1 $10,000.00 $10,000.00 21 Adjust Water Meter Frame to Finished Grade EA 1 $900.00 $900.00 22 UPRR Permit/Right of Entry EA 1 $1,000.00 $1,000.00 23 UPRR Daily Flagging Service' EA 5 $2,080.00 $10,400.00 24 PCC Curb B-3 LF 10 $61.00 $610.00 25 Adjust Manhole Frame & Cover toFinished Grade (MWD) EA 1 $900.00 $900.00 26 Detectors Lead-in Cable LF 1600 $1.59 $2,544.00 27 Furnish and Install Manhole Frame and Cover (Water Lid) EA 1 $900.00 $900.00 28 PCC Driveway Approach (Commercial = 8") SF 1551 $17.00 $26,367.00 29— Striping (Driveways & Curbs) (PrivateProperty) LS 1 $7,170.00 $7,170.00 30 PCC Curb, & Curb & Gutter (Type A-2-6) (Private Property) LF 135 $55.00 $7,425.00 Subtotal $540,408.00 Add Alternative Bid One - NOT part of Base Bid Calculation 31 Signing and Striping (Entire Project) LS 1 $99,200.00 $99,200.00 Subtotal $99,200.00 Base Bid Asterisk Notes per P-4 of Specifications - NOT part of Base Bid Calculation 32 ` = The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. ea 0 0 0 33 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $639,608.00 23B-7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD, TO RAILROAD (N. OF ALTON AVE.) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: All American Asphalt REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation 250 CY $^ f oo $010,00 2 Cold Mill (2") 130,300 SF $ o �,'10� I. Q6 $ gz,646.00 3 Cold Mill (3") 7,000 SF $ R G $11llbo, 00 4 Asphalt Pavement 242 TN $ IUugd $ 27l 610 q0 5 Asphalt Rubber Hot Mix (ARHM) 1,500 TN 1100,90 $ im 10,90 6 ARAM 15,300 SY $ r_ Qa $ %%quo 7 PCC Sidewalk (4") 1,454 SF $ 10.00 $100 00 8 PCC Curb Ramp 1,820 SF $ 60 70 $ q I (naqq, a 9 PCC Curb & Gutter (Type A-2-8) 220 SF if 10 Survey Monument 2 LF $ q � G 00 fQa17Jf /�. $ p�'''oU-0 a �i1, 11 Truncated Dome 13 EA $ / O $ 376.00 12 Furnish and Install Water Valve Frame and Cover to Finished Grade 13 EA $ I .00 $ 2F �013�5• 13 Adjust Manhole Frame & Cover to Finished Grade 4 EA IV 231tf p8' CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) Item Description Qty Unit Unit Price Amount 14 Furnish and Install #6 Pullbox to Finished Grade 11 EA $17�n qo 7(UW VI/ $ Ill 8 oW 15 Furnish and Install Traffic Loops D t 21 EA $ 16 Furnish and Install Traffic Loops E t 50 EA $ W 4 V 00 $ 101g o0O 17 Furnish and Install Traffic Loops Q t 3 EA $ 18 Temporary Construction Sign 5 EA $IIVUOUO 19 Project Advertisement Sign 2 EA $000,00 $3,009,00 20 Labor Oversight Agreement I LS $10,000.00 $10,000.00 21 Adjust Water Meter Frame to Finished Grade i EA $ go(j.00 v 22 UPRR Permit/Right of Entry I EA $1,000.00 $1,000.00 23 UPRRDaily Flagging Service • 5 EA $r110g00tl 000 /t $1!0(g00-U� 24 PCC Curb B-3 10 LF $d`1 1 O $ WHO 25 Adjust Manhole Frame & Cover to Finished Grade (MWD) 1 EA $ qoo qo lUV v $ QR0 ,go iV v 26 Detectors Lead-in Cable 1,600 LF $ ! �� $ �g�,U 1 27 Furnish and Install Manhole Frame and Cover (Water Lid) 1 EA $ g0o.00 'iV $ �W .00 l 28 PCC Driveway Approach (Commercial = 8") 1,551 SF $ I p $ n f-l�!❑ Qo 29 Striping (Driveways & Curbs) (Private Property) l LS $ 7J7 Q $ ) 30 PCC Curb, & Curb & Gutter (Type A- 2-6) (Private Property) 135 LF U 11 v r P-2 of P-17 23B-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) TOTAL BASE BID $ ADD ALTERNATE BID 1 Item Description Qty Unit Unit Price Amount 31 Signing and Striping (Entire Project) 1 LS $ Ar112� $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete coordination and acquire the Permit from the Union Pacific Railroad Company within 30 working days after the commencement date stated in the Notice to Proceed. The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 90 working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $870 per calendar day. Name of Firm Signature of BI Title Edward (If an individual, so state. If a firm or co -partnership, state the firm name and give the names or all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P-3 of P-17 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm All American Asphalt Signature of BIDDER Title Edward J. Carlson Vice President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary P- of P-17 23�-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: All American Asphalt Business Address: 400 E. Sixth Street Corona, CA 92879 Business E-Mail Address: publicworksO-allamericanasphalt com Telephone: 951-736- State Contractor's License No. and Class: 267073 A, C-12 License Expiration Date: i S&WIIZ1➢41] State Dept. of Industrial Relations (DIR) Registration No.: 1000001051 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6-30-2020 - Signed: Title: Edward J. Carlson Vice President P-5 of P-17 23B-12 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BI] Title Edward J. Carlson, Vice President (if an individual, so state) All American Asphalt- Corporation Mark Luer- President Edward J. Carlson- Vice President Michael Farkas- Secretary 2363f CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF aRMME Riverside ) SS: CITY OF SANTA ANACorona ) Edward J. Carlson , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co-parmership. ❑x CORPORATION That he is of Vice President of All Arneoran Asphalt a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of. one of the parties making the foregoing proposal as ajoint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for himself or a y other person. Signa re of Bidder Edward J. Carlson, Vice President Subscribed and sworn to be me this day of 20 —P11W18SeeA whe Signature of officer Administering Oath�tary Public) P-7 of P-17 23B-14 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside COURTNEY CHAPAB Notary Public -California Riverside County d �vrrwv�'c' Commission # 2172984 tdy Comm. Expires Nov 20.2020 J Subscribed and sworn to (or affirmed) before me on this 16th day of October. 2019 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (2) (And Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Place Notary Seal Above Signally ignat of Nota U Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Ownership Affidavit Document Date: 10-16-2019 Number of Pages: 1 Signer(s) Other Than Named Above: Top of thumb here Top of thumb here 23B-15 CITY OF SANTA ANA PROPOSAL Bond No.08597423 Bid Date: 10/24/2019 PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) BID BOND KNOW ALL PRESENT that, All American Asphalt , as BIDDER, and Fidelity and Deposit Company of Maryland , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Total Amount Bid----- Dollars ($10% of Bid ), which is ten percent (10%) of the total atnount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 14th day of October 2019. BIDDER* All Americ, Sixth Street, Corona, CA 92879 - Phone SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street Suite 3900 Los Angeles. CA 90017 David Wei (213) 270-0600 Subscribed and sworn to before me 20_ Signature: Notary Public in and for the County of **Please See Attached** , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. i T6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the tmthfuIness. accuracy. nr validity of that document. State of California County of Riverside On October 16, 2019 before me, Courtney Chapas, Notary Public Date Here Insert name and Tige of the oRcer personally appeared Edward J. Carlson Name(s) of Signer(s) f V who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they, executed the same in � his/hef4l4e# authorized capacity(les), and that by his/her/the -_ COURTNEY CHAPAS signature(s) on the instrument the person(s), or the entity upon behalf ,?� v Notary Public • California L of which the person(s) acted, executed the instrument. i �.F.® - Riverside County z z 0' Commission x 2172984 = 1 certify under PENALTY OF PERJURY under the laws of the State of My Comm. Expires Nov 20, 2020 California that the forgoing paragraph is true and correct. WITNESS my hand and off 'al seal.1/�(�n Signature V Place Notary Seal Above Sign V of Notarflublic OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Document Date: October 14 2019 Number of Pages: Signer(a) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson ❑ Individual X Corporate Officer —Title(s): Vice President ❑ Partner 11 ❑ Limited o General ❑ Attorney in Fad ❑ Trustee ❑ Other: net is Sign Name: ❑ Indivi I ❑Corporate Icer—Title(s):_ ❑ Partner 1 ❑ Lim d ❑ General ❑ Attorney in Fad Top of Numb here ❑ Trustee ❑ Other: is Top of thumb here 23B-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity, of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On 10/14/2019 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rcbeeca Haas -Bates NameKof Signerr* who proved to me on the basis of satisfactory evidence to be the persons} whose name(9). is/are subscribed to the within instrument and acknowledged to me that he/she/that' executed the same in Itis/her/their authorized capacity(L^rs, and that by his(her/their signature4on the instrument the person or the entity upon behalf of which the person(s), acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. uLIANA GOMEZ WITNESS hand and official seal. Notary Public - California Orange County =% Commission F 2243326 Signature..... •"'w'V My Comm. Expires May 20, 2023 Signature of &tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 10/14/2019 Number of Pages: One(]) Signer's) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual WAttorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: are ��: _ :.�.�. .�ti.ti. a. '��. �•.�,-«. . O 1 • • • • • • • • :11 • yYM :11 B. •1 23B-18 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile order and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney. -Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." ]'his Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of Mav, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly culled and held on the 1 Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN't-ESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 14th day of October . 2019. By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 w w w. renorls fclai ms(cDz uri chtia. com 011I1SYkEF]Illi 23B-19 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS! That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set firth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, a6 of Irvine, California, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Marvland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -taws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY .AND DEPOSIT COMPANY OF MARYLAND, this I Ith day of June, A.D. 2019, �j• i'r�.a nn� ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND I3y.' Robert D. Murray Vice President BY, Down E. Brown Secretary State of Maryland County of Baltimore On this I Idt day ot'June, A.U. 2019, befom the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary ofthe Companies, to me personally known to be the individuals and oflicen described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saidt, that hNshe is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signalize as such officer were duly alfixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN I'ES'I'IMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn. Notary Public My Commission Expires: July 9, 2023 23B-20 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: 'fa% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/s% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License DIR Reg Location Phone Type Of Amount Name 17m1t1 License #/Exp. DIR Reg. #/Exp. License # L Location �1 Phone Type Of Work Amount $ 61 Name U 111 License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ BI ryn I — V 111000rVU N Signa 're of Bidder Edward J. Carlson, Vice President Name UU IIU License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 2id-f J7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Name and Address of Owner. Romeo David (909) 477-2740 Name and Telephone N $1,130,470.00 Contract Amount 2, City of Temecula 41000 Main Street Name and Address of owner. William Becerra (951) 694-6444 familiar with project. Pavement Rehabilitation Type of Work CA 92590 Name and Telephone Number of person familiar with project. $2,577,77U0 Pavement Rehabilitation Contract Amount Type of Work 3, Town of Apple Valley 14955 Dale Evans Parkway Apple Valley, CA 92307 Name and Address of owner. Rich Berger (760) 240-7000 Name and Telephone Number of person familiar with project. $849J82,00 Road Rehabilitation Contract Amount Type of Work 07r2017 Date Completed 11/2017 Date Completed 11/2017 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S, Fioueroa Street #3900 Los Angeles, CA 90017 (213) 270-0600 Owen M. Brown Insurance Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine CA 92620 (949) 857-4500 Edggewood Partners Insurance Center (Insurance) 3633 Inland Empire Blvd Suite 640 Ontario CA 91764 (714) 937-4270 P-10 of P-17 23B-22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. of Victorville 14343 Civic Dr. Victorville, CA 92392 Name and Address of Owner. Carlos Seanez f760) 955-5162 Name and Telephone Number of person familiar with project. $251,008.00 Paving Project 06/2017 Contract Amount Type of Work Date Completed of Santee 10601 Magnolia Avenue Building 4 Santee, CA 92071 Name and Address of owner. Toby M. Espinola (619) 258-4100 Name and Telephone Number of person familiar with project. $285,061.90 Slurry Seal 1012017 Contract Amount Type of Work Date Completed 3, City of Yucaipa 34272 Yucaipa Blvd. Yucaipa, CA 92399 Name and Address of owner. John LaRose (909) 797-2489 Name and Telephone Number of person familiar with project. $252,379.06 Micro -Surfacing Contract Amount Type of Work 0812017 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Fidelity and Deposit Company of Maryland (Broker Surety) 777 S. Fiaueroa Street #3900 Los Angeles. CA 90017 (213) 270-0600 Owen M. Brown Insurance Millennium Corporate Solutions (Agent) 5530 Trabuco Road Irvine CA 92620 (949) 857-4500 Edge= Partners Insurance Center (Insurance) 3633 Inland Emoire Blvd. Suite 640 Ontario CA 91764 (714) 937-4270 P-II of 17 23B- 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed Carlson, Gice President State of California County of Subscribed and sworn to who appeared before me Notary Public Signature affirmed) before me on this day of , 20_, by vved to me on the basis of satisfactory evidence to be the person(s) 'Please See Attached' Notary Public Seal P-12 of P-17 23B-24 CALIFORNIA JURAT GOV CODE § 8202 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Riverside COURTNEY CHAPAS Notary Public -California Riverside County z Commission # 2172984 My Comm. Expires Nov 20, 2020 Subscribed and sworn to (or affirmed) before me on this 16th day of October. 2019 Date Month By (1) Edward J. Carlson Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (And (2) Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me.) Signature Nx6r lY1 k - Place Notary Seal Above SignatiVIAof NotaY Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document: Non -Collusion Affidavit Document Date: 10-16-2019 Number of Pages: 1 Sig nens) Other Than Named Above: None Top of thumb here Top of thumb here 23B-25 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2J6_' CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: r Title: Edward J. Carlson, Vice President Firm: All American Date: i 01161ZO I P-14 of P-17 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I . Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the Californian AApp renticeship Council. Signed: Title: Edward J. Carlson, Vice President Firm: All American Asphalt Date: 1011 2019 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Edward J. Carlson, Vice President Firm: All Asphalt Date: {American 1 Q�117(201 j 21d_' CITY OF SANTA ANA PROPOSAL PROJECT NO.: 19-6943 BRISTOL ST. REHABILITATION: MACARTHUR BLVD. TO RAILROAD (N. OF ALTON AVE.) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No ✓ If the answer is yes, explain the circumstances in the following space. N/A P-17 of P-17 23B-30 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT 19-6943 BRISTOL STREET REHABILITATION: MACARTHUR BOULEVARD TO RAILROAD (NORTH OF ALTON AVENUE) This CONSTRUCTION CONTRACT is made and entered into this 171h day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Bristol Street Rehabilitation: MacArthur Bouldevard to Railroad (North of Alton Avenue) Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Forty Thousand Four Hundred Eight Dollars and No Cents ($540,408.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23B-31 Page 1 of 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: hLtp://www.santa-ana.org/pwa/documents/CWA.pdf CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23B-32 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Ig . -f.. L JOVN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: All American Asphalt NAMIf-. F WoT601rIoot) TITLE: ViG$11root,Iar 23B-33 Page 3 of 3 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 19-6943: BRISTOL STREET REHABILITATION: MACARTHUR BOULEVARD TO RAILROAD (NORTH OF ALTON AVENUE) Construction Contract $ 540,408.00 Contract Administration $ 20,774.00 Inspection and Testing $ 32,778.00 Contingencies $ 53,800.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 647,760.00 23B-34 REQUEST FOR COUNCIL ACTION [a]rr-ed la. Is] 10Ji1=I =11II.tea UelIA DECEMBER 17, 2019 TITLE: AWARD A CONTRACT TO C.S. LEGACY CONSTRUCTION, INC. IN THE AMOUNT OF $927,421 FOR THE CIVIC CENTER IMPROVEMENTS PROJECT WITH AN ESTIMATED TOTAL PROJECT COST OF $1,159,277 TO BE FUNDED BY THE CIVIC CENTER FUND AND APPROVE THE AMENDMENT TO THE FISCAL YEAR 2019- 20 CAPITAL IMPROVEMENT PROGRAM (PROJECT NOS. 18-2679 & 18-2680) {STRATEGIC PLAN NOS. 6, 1 B, 1 G} Is] I=11N:N] Md9I11 ki Eel l WWI =11115•],IWIF APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Award a contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid, in the amount of $927,421 for construction of the Civic Center Improvements project for the term beginning upon execution of the contract and ending upon project completion, subject to non -substantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,159,277, which includes $927,421 for the construction contract; $139,113 for contract administration, inspection, and testing; and a $92,743 project contingency (approximately 10% of the construction contract amount) using Civic Center funds. 3. Approve the amendment to the Fiscal Year 2019-20 Capital Improvement Program to increase the funds allocated for the Japanese Garden Renovation and Civic Center Mall Drought Tolerant Landscaping, by $434,000 and $78,000 respectively and reducing the Courthouse Drystream Project by $512,000. DISCUSSION The Civic Center Improvements project involves the renovation of two prominent areas within the Civic Center. The Japanese Pavilion and Garden in the Civic Center, adjacent to the Plaza of the Sun, was made possible through donations by the Orange County Japanese American Association (OCJAA) and 23C-1 Award Contract to C.S. Legacy Construction, Inc., for the Civic Center Improvements Project and Approve the Amendment to the Fiscal Year 2019-20 Capital Improvement Program December 17, 2019 Page 2 Art Ishida Landscaping, which was constructed in 1970. In preparation for its 50th anniversary in May 2020, renovations and upgrades are needed to the structure, lighting and garden and for ADA Accessibility. The Mall Landscaping project will address the current dirt area between Santa Ana City Hall/Ross Annex and the City of Santa Ana Main Library. The County of Orange recently installed a new chilled water pipeline throughout the Civic Center, which resulted in the removal of all the silk floss trees and grass areas. This provided an opportunity to re -landscape the area with a water -wise demonstration garden representing five California landscape themes, interpretive signage and a forum for programming where the public can be educated on water conservation and the use of climate appropriate planting. These projects together will enhance the area surrounded by the Orange County Courthouse, City of Santa Ana Main Library, and Santa Ana City Hall and will be a tremendous asset to our Civic Center. It provides new and welcoming outdoor spaces, an extension of the Library, and is a visible continuation of the new Orange County Administration building and mall improvements recently completed on the east side of Ross Street. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 21, 2019 and August 28, 2019. Bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on August 18, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 555 vendors, including 37 located in the City of Santa Ana, were notified of the project via PlanetBids. Bid documents were requested from 44 vendors and bids were received from 3 contractors. No bids were received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 C.S. Legacy Construction, Inc. Ontario $927,421 2 Aramexx Construction Claremont $1,181,590 Horizons Construction Company Orange non -responsive Two bids were responsive and Horizons Construction Company's bid was non -responsive. C.S. Legacy Construction, Inc., submitted the lowest responsive bid, in the amount of $927,421(Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to C.S. Legacy Construction, Inc. in the amount bid. Project Delivery 23C-2 Award Contract to C.S. Legacy Construction, Inc., for the Civic Center Improvements Project and Approve the Amendment to the Fiscal Year 2019-20 Capital Improvement Program December 17, 2019 Page 3 To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,159,277. Construction Contract 1 $927,421 Construction Administration, Inspection, and Testing $139,113 Contingencies $92,743 ESTIMATED CONSTRUCTION DELIVERY COST $1,159,277 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-70 were filed for the projects. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,159,277, which includes the construction contract, contract administration, inspection, testing, and project contingency. The FY 2019-20 Capital Improvement Program (CIP) included these improvements at the following amounts: Japanese Garden Renovation $300,000' Civic Center Mall Drought Tolerant Landscaping $500,000' Includes pre construction costs not included in the Cost Analysis 23C-3 Award Contract to C.S. Legacy Construction, Inc., for the Civic Center Improvements Project and Approve the Amendment to the Fiscal Year 2019-20 Capital Improvement Program December 17, 2019 Page 4 With approval, the City is amending the FY 2019-20 CIP by increasing the project amounts by $434,000 and $78,000 respectively and decreasing the Courthouse Drystream project by $512,000. The City will propose to re-establish funding for the Courthouse Drystream project as part of the Fiscal Year 2020-21 Orange County Civic Center Authority budget and City of Santa Ana budget. No appropriation adjustment is needed as the funds associated to these projects are all within the same fund and account. The following table summarizes the funds budgeted and scheduled for expenditure in Fiscal Year 2019-20 to deliver construction of this project: Fiscal Year Accounting Unit- Fund Accounting Unit, Account Amount Account # Description Description FY 2019-20 07413260-66220 Civic Center PRCSA-Civic Center Capital Project, (Project 18-2679) $696,251 Fund Improvements Other Than Building FY 2019-20 07413260 -66220 Civic Center PRCSA-Civic Center Capital Project, (Project 18-2680) $463,026 Fund Improvements Other Than Building Total: 1 $1,159,277 Fuad Sweiss, PE, PLS Executive Director Public Works Agency Lisa Rudloff Executive Director Parks Recreation and Community Services FSS/TC/MO Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 23C-4 I Civic r Dr W Civic Center Dr W e Gn `v d Z Superior Court of Z California -... *.., Civic Center Plaza e 0 LL Z Civil Complex SANTA ANA PWA� POBLIC YWRKE HGENCT Central )usbce Center Crmg londePs 71 Orange County C... ✓ Civic Center Plaza Orange County Law ar Library 1 Federal BWWing Exhibit 1 z e Civic Center Dr W Santa Ana Public library Santa Ares Crarge County Tax lb Collecla/s... ✓ Court Of Appear Santa Ana City Hall Schools First o Federal CU �+ n 2' State of California ^, Building m v r Project Nos. 18-2679 & 18-2680: CIVIC CENTER IMPROVEMENTS California COOrt of Appeal e F. N k. wre 23C-5 City of Santa Ana Civic Center Improvements (18-2679 & 18-2680), bidding on September 18, 2019 2:00 PM (Pacific) Bid Results Bidder Details Vendor Name C.S. Legacy Construction, Inc. Address 1704 Unit B S Grove Ave Ontario, CA 91761 United States Respondee Richard Gonzales Respondee Title Estimator Phone 909-590-2626 Ext. Email richard@cslegacy.net Vendor Type CADIR License # 826870 CA DIR Bid Detail Bid Format Electronic Submitted September 18, 2019 1:29:29 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 190259 Ranking 0 Respondee Comment Buyer Comment Attachments File Title General Forms Ownership Affidavit Bid Bond Non Collusion Affidavit Line Items Type Item Code UOM Base Bid Items - Mall Landscaping Improvements 1 Clearing and Grubbing LS 2 Unclassified Excavation 3 Import Soil CY CY File Name Santa Ana Civic Center Imp General Forms.pdf Civic Center Imp - Ownership Affdavit.pdf Civic Center Imp - Bid Bond.pdf Civic Center Imp - Non Collusion Affdavit.pdf City Unit Price 1 $12,361.00 80 $113.00 120 $74.10 23C-6 Page 1 Printed 12/09/2019 EXHIBIT 2 File Type General Forms Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Line Total Comment $12,361.00 $9,040.00 $8,892.00 City of Santa Ana Page 2 Civic Center Improvements (18-2679 & 18-2680), bidding on September 18, 2019 2:00 PM (Pacific) Printed 12/09/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 4 Grading SF 12500 $1.26 $15,750.00 5 Concrete Paving - Gray SF 2150 $7.00 $15,050.00 6 Concrete Pavers SF 500 $24.04 $12,020.00 7 Stamped Concrete "Bridge" with Integral Color EA 5 $2,299.00 $11,495.00 8 Decomposed Granite SF 1500 $4.56 $6,840.00 9 Concrete Mawcurb LF 500 $20.18 $10,090.00 10 Concrete Steps and Wall at Terraced Seating LF 30 $647.00 $19,410.00 11 Handrail at Terraced Seating LF 12 $416.00 $4,992.00 12 Concrete Terraced Seating LF 60 $379.00 $22,740.00 13 Guardrail LF 24 $575.00 $13,800.00 14 Tubular Steel Gate LF 3 $6,996.00 $20,988.00 15 Soil Preparation & Fine Grading EA 7500 $0.50 $3,750.00 16 Irrigation SF 7500 $5.56 $41,700.00 17 10' BT Palms SF 3 $15,586.00 $46,758.00 18 36" Box Trees EA 3 $1,058.00 $3,174.00 19 24" Box Trees EA 10 $366.00 $3,660.00 23C-7 City of Santa Ana Civic Center Improvements (18-2679 & 18-2680), bidding on September 18, 2019 2:00 PM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 20 15 Gallon Trees EA 3 $157.00 21 15 Gallon Shrubs* EA 5 $136.00 22 5 Gallon Shrubs* EA 211 $23.00 23 1 Gallon Shrubs* EA 357 $17.00 24 Mulch* CY 70 $93.00 25 Dry Creek Bed SF 800 $31.00 26 Benches EA 3 $1,248.00 27 Waste Receptacles EA 28 Drinking Fountain EA 29 Utility Box Relocation LS 30 6-Month (Calendar) Landscape & Irrigation Maintenance Period LS 31 Labor Agreement Oversight LS Base Bid Items - Japanese Pavilion Improvements: 32 Clearing & Grubbing LS 33 Unclassified Excavation CY 34 Re -locate Existing Boulders LS 2 $1,674.00 1 $9,772.00 1 $7,184.00 1 $10,479.00 1 $10,000.00 Subtotal Page 3 Printed 12/09/2019 Line Total Comment $471.00 $680.00 $4,853.00 $6,069.00 $6,510.00 $24,800.00 $3,744.00 $3,348.00 $9,772.00 $7,184.00 $10,479.00 $10,000.00 $370,420.00 1 $9,444.00 $9,444.00 25 $120.40 $3,010.00 1 $1,042.00 $1,042.00 23C-8 City of Santa Ana Page 4 Civic Center Improvements (18-2679 & 18-2680), bidding on September 18, 2019 2:00 PM (Pacific) Printed 12/09/2019 Bid Results Type Item Code UOM Qty Unit Price Line Total Comment 35 Electrical Power Feed LS 1 $7,105.00 $7,105.00 36 Steamped Concrete Paving SF 660 $13.80 $9,108.00 37 Law Rail Wood Fence LF 305 $73.00 $22,265.00 38 Steel Edging LF 435 $25.00 $10,875.00 39 Bird Mesh LS 1 $39,830.00 $39,830.00 40 Tectum Panels EA 700 $130.71 $91,497.00 41 Remove and Replace Non -Structural Lumber LS 1 $85,143.00 $85,143.00 42 Remove and Replace Structural Lumber EA 25 $4,170.00 $104,250.00 43 Furring and Trim EA 30 $1,162.00 $34,860.00 44 Power Wash Flagstone Paving LS 1 $3,089.00 $3,089.00 45 Replace Missing Flagstone Paving LS 1 $2,110.00 $2,110.00 46 Clean, Prepare and Paint Existing Structure LS 1 $39,472.00 $39,472.00 47 Install New Infrastructure for Lighting LS 1 $7,449.00 $7,449.00 48 New Light Fixtures EA 10 $1,453.00 $14,530.00 49 Soil Preparation and Fine Grading SF 2775 $1.00 $2,775.00 50 Irrigation SF 3400 $5.53 $18,802.00 23C-9 City of Santa Ana Civic Center Improvements (18-2679 & 18-2680), bidding on September 18, 2019 2:00 PM (Pacific) Bid Results Type Item Code UOM Qty Unit Price 51 36" Box Trees EA 5 $1,072.00 52 24" Box Trees EA 2 $408.00 53 Mulch' CY 30 $55.00 54 Dry Creek Bed SF 600 $30.00 55 Pea Gravel Mulch SF 340 $12.00 56 6-Month (Calendar) Maintenance Period LS 1 $10,439.00 57 Labor Agreement Oversight LS 1 $10,000.00 Subtotal Total Page 5 Printed 12/09/2019 Line Total Comment $5,360.00 $816.00 $1,650.00 $18,000.00 $4,080.00 $10,439.00 $10,000.00 $557,001.00 $927,421.00 323Q710 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: C..S. a . C.Q�,nS}yv,4ion REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: MALL LANDSCAPING IMPROVEMENTS: Item Description Qty Price Amount 1 Clearing and Grubbing 1 qUuitnit $ 2,3(el.a 12,3ta),Cv2 Unclassified Excavarion 80 113. oa $ q 040o co 3 Import Soil 120 CY 4 Grading 12,500 SF 1 2tp $ 5 Concrete Paving - Gray 2,150 SF $ $ IS,0SB.c- 6 Concrete Pavers 500 SF $ 2 C q $ 12 02n w 7 Stamped Concrete "Bridge" with Integral Color 5 EA $ 9 $ 1 •{RScc 8 Decomposed Granite 1,500 SF 9 ConcreteMowcurb 500 LF $ 20 ,a $ to oga.cv 10 Concrete Steps and Wall at Terraced LF $ ;,E $ t9, �)o co Seating 11 Handrail at Terraced Seating LF $ c}Ib.w $ 12 Concrete Terraced Seating j24 LF $ 3 $ 22, 7 •l0 ,cn 13 Guardrail LF $ S-IS.aS $ 13,gop.co P-23IC211 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS Item Description Qty Unit Unit Price Amount 14 Tubular Steel Gate 3 EA 15 Soil Preparation & Fine Grading 7,500 SF $ b.sb $ 3, -7 s°. 1z 16 Irrigation 7,500 SF $ $ 5.5tr, 411-7co.M 17 10' BT Palms 3 EA $ $ 18 36" Box Trees 3 EA $ $ 1051=. q) 3, 7'7't''.� 19 24" Box Trees 10 EA $ 3, w 267 15 Gallon Trees 3 EA $ $ 15"t.cty 4-i!. cis 21 15 Gallon Shrubs* 5 EA $ $ 13b. tY� bSSO. c�o 22 5 Gallon Shrubs* 211 EA $2 3ea $ 23 1 Gallon Shrubs* 357 EA $ $ I"1• cz:, b, 6 tom! . w 24 Mulch* 70 CY $ 93.cb $ b,51b.�o 25 Dry Creek Bed 800 SF $ 3i• off, $ 26 Benches 3 EA $ 1.2�•g.cgy $ 3,�4rf � 27 Waste Receptacles 2 EA 28 Drinking Fountain 1 EA $ q, i 7 2.CD $ R, 2. 29 Utility Box Relocation 1 LS $ $ %,194.vo -1. 10 co 30 6-Month (Calendar) Landscape & 1 L5 $ Irrigation Maintenance Period 3TF Labor Agreement Oversight 1 LS $10,000 $10000 TOTAL BID: CIVIC CENTER (CC) NIALL LANDSCAPING $T17112-0,. P-"10212 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS JAPANESE PAVILION IMPROVEMENTS: Item Description Qty Unit Unit Amount 32 Clearing & Grubbing 1 Price LS 33 Unclassified Excavation 25 CY $ 126.40 $ 3,6to.oa 34 Re -locate Existing Boulders 1 LS $ 1,6+2.cD $ i,842.A7 35 Electrical Power Feed l LS $'1, lo. cm $ -7, 1OSS 00 36 Stamped Concrete Paving 660 SF $13.8o $�j loS.�o 37 Low Rail Wood Fence 305 LF $ 7 3. pb $ 22, 2.pS. c8 38 Steel Edging 435 LF $ $ 2s.oZ, !o, 87S.ep 39 Bird Mesh 1 LS $ 3q,g3c. o $ 34, 830. oa 40 Tectum Panels 700 EA 41 Remove and Replace Non -Structural 1 LS $ S5, ta3. $ Lumber SSt 143.co 42 Remove and Replace Structural Lumber 25 EA $ 4! Ic $ !c`I, 2 b.w 43 Furring and Trim at Wood Posts 30 EA $ 1 ibz.rm $ 34.8io0e6 44 Power Wash Flagstone Paving 1 LS $ 3,os-1.ab $ 3,0&9.00 45 Replace Missing Flagstone Paving 1 LS $ 2,ilb.W 46 Clean, Prepare and Paint Existing 1 LS $ 1, $ 39, Structure 72, E z . Z 47 Install New Infrastructure for Lighting 1 LS $ 48 New Light Fixtures 10 EA $ f�}53.e� $ 14i 530. o) 49 Soil Preparation and Fine Grading 2,775 SF 50 Irrigation 3,400 SF $ S.S3 51 36"Box Trees 5 EA T 4672-00 P-2,31Os13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS Item Description Unit Unit Amount 52 24" Box Trees EA Price $ �bg, $ 53 Mulch*CY$ $ 5S. M I. tosO- 54 Dry Creek Bed a SF55 Pea Gravel Mu SF$ $y,o:Yd.co ��.� 56 6-Month (CaleLSPeriod$ 10, 4M. $ lo, q3q, co 57 Labor Agreement Oversight 1 LS $ 10,00o $ 10,000 TOTAL BID: CIVIC CENTER (CC) PAVILION IMPROVEMENTS $ TOTAL BASE BID (CC MALL LANDSCAPING + CC PAVILION IMPROVEMENTS) The lowest responsible bidder shall be selected based on the "Total Base Bid: Civic Center Mall Landscaping + Civic Center Pavilion Improvements". The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within SIXTY (60) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $500 per calendar day. +f CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS TOTAL BID: CIVIC CENTER (CC) MALL LANDSCAPING $ 31U, ]L42t,,TOTAL BID: CIVIC CENTER (CC) PAVILION IMPROVEMENTSD TOTAL BASE BID: (CC MALL LANDSCAPING + CC PAVILION IMPROVEMENTS) $ `1 Z �, q21. Name of Firm Signature of BIDDER Tre-(sur.er, Mena, Title Pr-r C� � • -/ Carr (If an individual, so state. If a Irm or co-'W' 1ershir state the firm came and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary,, Treasurer and Manager, thereof.) x V �'<y K4'�Qrd G-conzatks- 5-c c-ro-tanj P-230915 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm C . a Signature of BIDDER Title KC5(& } 2 gs ""r MQrtCA (If an individual, so state. If firm or co -partnership, sta, _ the firm name give the names of all individual co-partners cc iposing the firm. If a corporation, state legal name of corporation, and names of President, Se t Treasurer and Manager, thereof.) X 5 ernes-}-ort-f - Y2 iGltp q Gzen z, lP5 P-230916 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: C. S Business Address: j o V On %crt-'o Cfl- 91-7(n Business E-Mail Address: Telephone: _ 919 22 ©� State Contractor's License No. and Class: 70 A E3G _-Z-t License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: State Dept. of Industrial Relations (DIR) Registration Expiration Dite: J Signed: Title: f 00>acO3947 Le so 1ab P-YWQ17 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates a per diem wages for each craft, classification or type of worker needed to execute of the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name Signa Title (if an . ,1;10 a Fes CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) _ nt rJ nr.+t being duly sworn, deposes and says: ❑ INDIV IDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: � ISI ORPORATION who constitute the other members ofthe co-parthership. That he is of e di a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who arc: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure y advantage against the City of Santa Ana or any person interested in the proposed contract, r h self or any other person. Signature of Bidder) 61770 z�� � a _ �'y��i olio f Subscribed and swdm to beforemethis i0ayrif. 20 _ Signature of officer Administering P-230-919 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN BERNARDINO ) On SEPTEMBER 16, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. at'o ' Signature J GLORIA MACIAS _j _. Notary Public - California San Bernardino County f Commission # 2284219 µy Comm. Expires Apr 2, 2023 (Seal) 23C-20 CITY OF S NTA ANA PROPOSAL PRO.iECT \O.: 18-26Y9 & 18 ?fi80 CIVIC CENTER IMPROVEMENTS BID BOND KNOLL- ALL PRESENT that. C.S. Legacy Construction ,Inc. as BIDDER, and Great #mezisau Insnrnnc�Com�.ani , as SURE"I'Y, are held and firmly bound unto the CITY OI S AN'TA AA A, ai AGENCY, in the penal sum of _ Ten percent of amount bid Dollars (S I0% of amount bid r, which is ten percent (I0%) of the total amount hid by BIDDER to AGENCY for the abovo-stated project, for the payment of which sum, BIDDER and SURETY agree io be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF 'III IS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null rind void, othenvJse it shall rcrnain in Rill force and effect in favor of AGENCY, IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this loth day of September 1019 . BIDDER* C.S. Lega(j,_Copuction, Inc. Ia Ke in d, Attorn y m-Fact ***see attached acknot+ledQ�ment Subscribed and sworn io fore me hiv -- — 20_ — Signature: Notary Public in and for the County of _ - _ _ , State of Provide BIDDER/ SURETY name., address, and telephone number and the nacre, title, address, and telephone number of authorized representative. P-I o of P-19 23C-21 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN BERNARDINO On SEPTEMBER 16, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' GLORIA MACIAS e Notary Public - California L WITNESS my hand and official seal. d`�- a - San Bernardino County ] yy 0 Commission # 2284219 23C-22 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California County of Orange ) On September 10, 2019 before me, Brandon K. Grindel, Notary (insert name and title of the officer) personally appeared Kevin P. Reed, Attorney -in -Fact who proved to me on the basis of satisfactory evidence to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ci seal. BRANDON N. GRINDEL Notary Poeic - California Orange County Commission N 2243619 Signature $e I� My Comm. Expires Jun 18, 2022 r g ( a) 23C-23 GREAT AMERICAN INSURANCE COMPANYO Administrative Office: 301 E 4TH STREET S CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 0 14866 POWER OF ATTORNEY ICNONV ALL MEN RY THESE PRESENTS: That the GREAT AM ERICAN INSURANCE COMPANY, a corporation organized and existing under and by vithte of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and or its name, place and stead to execute on behalf of the said Company, M surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of power KEVIN P. REED ALL OF ALL MARCUS A. REED TUCSON, $100,000,000.00 JON ROSBURG ARIZONA This Power ofAttotney revokes all previous powers issued on behalf of the mtomey(s)-imCaol named above. 1N WI T N F SS W H FRY.ON the GRt;ATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 26TH day of SEPTEMBER 2017 Attest GREAT AM ER ICAN INSU K ANCH COM PAN Y e. A."o, I.Sbcretary Dsro,,,WSamar Tire Prvaiderrt STATE OF OHIO, COUNTY OF HAM 11,1 ON - ss: DAVID C. KnCHIN (877-a77-2105) On this 26TH day of SEPTEMBER 2017 , before me personally appeared DAVID C ICITCHIN, to me (mown, being dtd) sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instmirent that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and drat he signed his name thereto by like authonly. This Powerof Attorney is granted by authority ofthe following resolutions adopted by the Board of Directors ofGreat American Insurance Company by unanimous written consent dated Tune 9, 20o8. Kb'SOLVAI) That the Divisional President, the several Divisional Senior Plce Presidents, Divisional N'ce Presidents and Divi.sonal Assistant Fire presidents, or any one of them, be and hereby is authorized, from time fo lime, 1. appaint ane ar nron'e.Attorneys-in-Fact to execute on behalf of the Cmreparty. as surey, arty and all bonds, undertakings and contracts ofsureh'Ship, or other written obligations ire the nature thereof,to prescribe their respective duties and the respective limils of their authorify: and to revoke any such appoinanent of any time. RL'SOLVED FURTHER Thai Me Company seal and fhe signature of arty of the aforesaid officers and art) .Secretary or Assislani Secretary of the Conptury may be offixed by cs rode !o any power ofatlonvtey or cerf ocaie of either given for the execution of any bond, iinderlaking contract of san'eiyship, or other written obligation it, the nature Arereof,' such signature and seal when so used being hereby adopted by the Conipaoj) as the original signatuv'e of such officer and the original seal of the Compaq, to be validand binding upon the Compata wffh the same fmne and effect as though m annal(p qffaed CER'1'IFICAXION +ttt+ttl," 1, STBPIIEN C. BDRAIIA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Pooer ryG"cvql the Resolutions of the Board of Directors of June 9, 2009 have notbeen revoked and are now in full force and effect. _ Signed and sealedthis k0A day of S.60� 111 S1029AF (06115) 2 3 C -24 , T01 `1 4Le. A .... I'm S'earemn d t f 0n �Wt ■ ■ ■■■ C.S. LEGACY CONSTRUCTION, INC. C.S. LEGACY CONSTRUCTION, INC. MINUTES OF BOARD OF DIRECTORS MEETING A SPECIAL MEETING OF THE BOARD OF DIRECTORS OF C.S. LEGACY CONSTRUCTION, INC, A CALIFORNIA CORPORATION, WAS HELD AT 1704 UNIT B. S. GROVE AVE ONTARIO, CA 91761 ON MAY 10, 2019, CONSTITUTING ALL OF THE MEMBERS OF THE BOARD OF DIRECTORS WERE PRESENT AT THE MEETING. ADOPTED:WAS RESOLVED, GREGG STRUMPF, PRESIDENT, IS SOLELY VESTED FULL AUTHORITY TO SIGN ANY AND AN ALL CONTRACTUAL DOCUMENTS FOR THE CORPORATION, AND THEREFORE HAS THE FULL AUTHORITY TO OBII.IGATE THE CORPORATION IN ALL CONTRACTURAL MATTERS. THE UNDERSIGNED, RICHARD GONZALES, SECRETARY, CERTIFIED THAT GREGG STRUMPF IS THE DULY APPOINTED PRESIDENT OF C.S. LEGACY CONSTRUCTION, INC. AND THAT THE ABOVE IS A TRUE AND CORRECT COPY OF THE RESOLUTION DULY ADOPTED AT A MEETING OF BYLAWS OF SAID CORPORATION ON MAY 10, 2019. IN WITNESS THEREOF, I HAVE AFFIXED MY NAME AS SECRETARY OF THE CORPORATION, AND HAVE ATTACHED THE SEAL OF C.S. LEGACY CONSTRUCTION, INC. TO THIS RESOLUTION. DATE: MAY 10, 2 19 RICHARD GONZALES - SECRETARY 1704 Unit B S. Grove Ave Ontario, Ca 91761 (909)590-26 �C;2-S17 fax CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/i% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name N 0�y License #/Exp. DIR Reg. #/Exp. Location Phone •�p , C • 2D3o Type Of Work ±F7 oc;11 Amount $ I. 4qt 1 ' Go Name (a5e LAhd S . } c. License #/Exp, 5- ,I 3a 24, DIR Reg. #/Exp. } o corn tS3 20 License # LStfll Q 26 Location !e1�4 N EcK)1oF * L Nabs u9 Phone 14.it2q.8 Type Of Work Serve Amount $ l cl Sp, cej Name eouser Fnker License #/Exp. gS22,3 DIR Reg. #/Exp. } 00 oo 124 License # 82$_77f I U Location it �A Ma -. Phone 90 9. 2� • 43cf 2- Type Of Work I.ec icql Amount % 2 3, © 2-2— as Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder �& KegyA -151rnaf_ Prey tciQ4 P-tCL26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp- License # Location Phone Type Of Work Amount $ Signature ofB�er 4. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: ''/z/o of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: V2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the frets listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Naive License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature ofBidd�r 6inpq MR&UM4461 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work excecaig the following amount: o Streets, highways including bridge projects: '/% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/?/b of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bier np mj E— Fre"'i r1 t CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. 3. n a; v s. 1 . - l c51 N. �qs1-ctnc.hu+i � +=ulu-y-in, � 9 z 8'33 Name and Address of Owner. MAvIG ga e4 ?1 8 tG 2�'IGl Name and Telephone Number of person familiar with project. 13 Of 3 ao- as { .s. s}Gr�{t !{ 5 �ao1 �► Contract Amount Type of Work Date Completed Name and Address of owner. i r Q- fZ 714- -3 7 Name and Telephone Number of person familiar with project. 1 1 G O Z.6C3 CMC CPn •p r•1- Cm rnun i ht I rwn. Contract Amount Type of Work T Date Completed G+ IJ Of LAW Witch - Os �resf five. L.«c una 13e, cl3 9z Name and Address of wner. t >= va r"a 944q �- 9aeza Name Land Telephone Number of person familiar with project. 16 , 7 3_2 to 1p S cz.) \l' tCt ' e, F—iiiwn Contract Amount Ty6c of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from Whom BIDDER intends to procure insurance and bonds. S (ViS( l"ThCe. C 55 • "73Go - 00 3O - P-23C40 ■ Manxman IMMINNUME as mass" C.S. LEGACY COKSTk UCTION. iNE:. Please Reference Page P-12 of P-19 Jack Bulik Courtyard City of Fontana 16489 Orange Way Fontana, Ca92335 Contact: Luis Viilalobos 909-350-6696 Completed 5/2017 $566,583.00 Drake Chavez Park City of Long Beach 333 W. Ocean Blvd 7th Floor Long Beach, Ca 90802 Contact: Teri Luce 562-570°6200 Completed 5/2017 Original Contract $2,474,478.00 1704 S. Grove Avem It B, Ontario, CA 91761 (909) 590-2622 3 C4117 fax CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. r-.�. rC i.,,.,1, m---,_ -ry— —, — . . f._ 2. e ri t-Cr —Cr— Name and Telephone Number Contract Amount person P4at- I M 2. Type of Work s 201 Dat Completed M ' I L.dY 7u 1d Name and Address of owner. Siperso ll PC# t 51> zo. 2108 Name and Telephone N ber of n familiar with project. 4 3 91le40q.Cjs sjl eei lm rDVela� S?�znllc _ Contract Amount Type of Work Date ompleted OfF m In 'ri-n — of owner. Name and Telephone Nun �A f'S5 Oa3.00 Contract Amount o (-I Cq , 3 9'.S—• of person familiar project. ri Q V''lC. (.2/1-ker f W L ) iiw. 2-o 9` Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. M Qnd S ui re >'_ 855 •'73!) • oo3U ✓ iL--Vin P. lZ.e,ed P-MwU CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautionel that making a false certification may subject the certifier to criminal Signed State of California County of Subscribed and sworn to affirmed) proved tb person(s) who appeared before Notary Public pin this day of , 20, by the basis of satisfactory evidence to be the Notary Public Seal ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of SAN BERNARDINO On SEPTEMBER 16, 2019 before me, GLORIA MACIAS, NOTARY PUBLIC (insert name and title of the officer) personally appeared GREGG STRUMPF who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. 6LORI4MACIAS a s Notary Public - California WITNESS my hand and official seal. son Bernardino County r' Commission # 2284219 My Comm. Expires Apr 2, 2wi Signature (Seal) 23C-34 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-23C45 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of publri� works violating this Section is subject to all the penalties imposed for a violation of the Cliaotei Signed: Title: FAY Ie4f,ni Firm: C • S. I C- ion , I rtc� Date: 'j 1 l -1 i1 - CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount California Apprenticeship Council, Signed: NT Title: _-teSIF " (3tr r4r1 mrhi 11 Firm: G5. t,l Cnh5�t2C+icrl jtic Date: c 111-1 r CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations ('29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction pr rcWr of public work, to give up any part of the comperisation to which he/she is otherwise entitled. L Signed: Title: Firm: G•S. ,,}I ter Csa1tS�Yt�' �- on, hi c. Date: 1 J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 18-2679 & 18-2680 CIVIC CENTER MPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 UESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No Z If the answer is yes, explain the circumstances in the following space r * , • REFERENCES 1. Eagle Glen Corner Drainage Improvements Eagle Glen Apartments LLC c/o Mr. Michael S. Aimola J & M Realty Company 1651 E. Fourth St. Suite 250 Santa Ana, Ca. 92701 (714) 285-1170 (714) 285-1 178 FAX Completed March, 2004, $56,000.00 2. Santa Ana Zoo DG Howard S. Wright Construction Mr. Greg Ahman 18500 Von Karman Ave. Suite 420 Irvine, Ca. 92012 (949) 567-1909 (949) 567-1917 FAX Completed April, 2004 $52,000.00 3. Canada Vista Park Parking Lot Expansion City of Rancho Santa Margarita Jacque Nicmi 30211 Avenida de las Banderas Suite 101 Rancho Santa Margarita, Ca. 92688 (949) 635-1800 (949) 635-1840 FAX Completed May, 2004 $351,577.49 4. Crown Valley Park Synthetic Soccer Field City of Laguna Niguel Nicholas Rcnn 27911 La Paz Road Laguna Niguel, Ca. 92677 (949) 362-4341 (949) 362-4385 FAX Completed June 2004 $539,217,49 23C-40 5. Freeman, Bell, & Thornburg Park Playground Renovation City of Gardena Dave Negrete P.O. Box 47003 Gardena, Ca. 90247 (310)217-9500 (310) 217-9876 Completed June 2004 $155,069,90 6. Delta Plant Fencing & Landscaping City of Monterey Park Mr. Elias Saykali 320 W. Newmark Ave. Monterey Park, Ca. 91754 (626) 307-1320 (626) 307-2500 FAX Completed July 2004 $120,580.00 7. Eagle Glen Street Improvements Eagle Glen Apartments, LLC c/o Mr. Michael S. Aimola J & M Realty Co. 1651 E. Fourth St. Suite 250 Santa Ana, Ca. 92701 (714)285-1170 (714)285-1178 Completed July 2004 5153,250.00 8. Ayala Park Temporary Parking Lot City of Chino Carolyn Baltzer, Asst. Project Coordinator P.O. Box 667 Chino, Ca. 91708 (909)627-7577 (909) 464-0799 FAX Completed 9/04 595,730.00 9. Site Prep for 2 Relocatables @ New Ventures Huntington Beach Union High School District Nelson M. Cayabyab Director of Facilities 10251 Yorktown Ave. Huntington Beach, Ca. 92646 (714) 964-3339 (714) 963-7684 FAX Completed 9/04 $227,455.00 DSA Inspected 23C-41 10. SR 79S Sidewalk Improvement Project City of Temecula Avlin R. Odviar Asst. Engineer P.O. Box 9033 Temecula, Ca. 92589 (951) 694-6411 (951) 693-3929 FAX Completed 9/04 S147,328.00 11. Lincoln Ave. Median Landscape Improvements City of Buena Park Wood Nousome Asst. Engineer P.O. Box 5009 Buena Park, Ca. 90622 (714) 562-3676 (714) 562-3677 FAX Completed 6/05 $816,000.00 12. Floe Packer Landscape Improvement City of Lake Forest Steve Velasco, Engineer (949)461-3480 (949) 461-3511 FAX 25550 Commercentre Drive Lake Forest, Ca. 92630 Completed 5/05 $91,974.32 13. Replacement of Lang Park Play Equipment City of Laguna Beach Derek Wieske, Asst. City Engineer 505 Forest Ave. Laguna Beach, Ca. 92651 (949)497-3311 (949) 497-0771 FAX Completed 1105 $182,299.00 14. Edison High School SAC Addition 15. Huntington Beach High School Elevators Huntington Beach Union High School District 10251 Yorktown Huntington Beach, Ca. 92646 Nelson Cayabyab Director of Facilities (714) 964-3339 (714) 963-7684 FAX Edison High School Completed 5105 $391,576.42 Huntington Beach Elevators Completed 05/06 S780,956.00 23C-42 16. Talega Recreation Center Phase 3 Talega Partners 951 Calle Negocio Suites D San Clemente, Ca. 92673 Charlie Mallon Project Manager (949)498-1366 (949)369-7659 Complete 6/05 5490,679.55 17. Rancho San Jacinto Play Areas Imp. City of San Jacinto 201 East Main St. San Jacinto, Ca. 92583 Ray Sanchez / Pam Stull (951)487-7342 (951) 654-3728 FAX Completed 3/05 $294.836.00 18. Shady Grove Park City of Chino 13220 Central Avenue Chino, CA 91708-0667 Mike Knolling (909) 464-0768 (909) 464-0799 FAX Completed 10/05 $1,344,705.00 19.Pinacate Middle School Penis Union High School District 155 East Fourt Street Perris, Ca 92570 Jeremy Chou (909) 987-0909 Completed2005 $298,182.00 DSA Inspected 20.Monte Vista Splashpad City of Chino P.O. Box 667 Chino, Ca 91708 Arlene Salazar (909) 464-0770 (909)590-5581 Fax Completed 4/06 $227,187.12 23C-43 21.Playground Retrofit City of Chino 13220 Central Ave. Chino_ CA 91708-0667 Carolyn Baltzer (909)627-7577 (909) 464-0799 FAX Completed 12/05 $285,965.00 22.Starshine Park City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Ryan Wright (909) 839-7072 (909) 861-3117 FAX Completed 06/05 $269,337.00 23.Sycamore Canyon Park City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 Ryan Wright (909) 839-7072 (909) 861-3117 FAX Est. Completion 01/06 $462,373.52 24. Rancho San Jacinto Basins City of San Jacinto 201 East Main St. San Jacinto, Ca. 92583 Ray Sanchez / Pam Stall (951) 487-7342 (951) 654-3728 FAX Completed 07/05 $868,589.12 25.Child Development Center Playground Santa Monica -Malibu Unified School District 1651 Sixteenth Street Santa Monica, CA 90404 J. Wallance Berriman (310) 450-8338 (310) 450-1667 FAX Completed 08/05 $359,551.76 23C-44 26.Granada Streetscape City of San Clemente 910 Calle Negocio Ste. 100 San Clemente, CA 92673 Gary Voborsky (949)361-6100 (949) 361-8316 FAX Completed 12/05 5197,245.91 27.Victoria Gardens Lane Median City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729-0807 Jerry Dyer (909) 477-2700 (909) 477-2849 FAX Completed 12/05 5155,482.00 28.MM O'Neil Park City of Mission Viejo 200 Civic Center Mission Viejo, CA 92691 Keith Rattay (949)470-3000 (949) 581-0983 FAX $718.029.96 29.ATL Building Irrigation & Landscape Chaffey College 5885 Haven Ave. Rancho Cucamonga, CA 91737 Sarah Riley (909)477-8547 (909) 477-8571 FAX Completed 05/06 $286,910.61 30. YMCA Daycare Center City of Mission Viejo 200 Civic Center Mission Viejo, CA 92691 Jerry Hill (949) 470-3052 (949) 581-0983 FAX Completed 04/06 $239,542,00 23C-45 31.Grass Playlields Long Beach Community College 4901 E. Carson Street Long Beach, CA 90808 Sandy Mathis (562) 938-4111 (562) 938-4118 FAX Completed 05/06 $520,247.88 32.La Habra Landscape & Electrical City of La Habra 201 E. La Habra Blvd, La Habra, CA 90631 Contact: Sam Makar (562) 905-9720 (562) 905-9643 FAX CompletedOl/06 $862,344.87 33.Yucca Park City of Los Angeles 200 N. Spring Street Los Angeles, CA 90012 Contact: Richard Chang (213) 978-1912 (213) 978-1901 Fax Completed 10/06 $574,960.24 34. Fullerton High School Landscape 35.Fullerton High School Site Work Erickson -Hall Construction Co. 1021 W. Bastanchury #110 Fullerton, CA 92833 Contact: Santosh Mhapsekar (714)738-4995 (714) 738-5194 Fax Fullerton High School Landscape Completed 03/06 $113,051.00 Fullerton High School Site Work Completed 03/06 $239,422.00 36.Sidewalk, Curb & Gutter City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663-3884 Contact: Frank Tran (949)644-3340 (949) 644-3308 Fax Completed 05/06 $595,341.00 23C-46 37.Brea Blvd. Median Landscape City of Brea 1 Civic Center Circle Brea, CA 92821 Contact: Raul Lising (714) 671-4450 (714) 990-2258 Fax Completed 08/06 $1,344,650.00 38.Villegas Park Improvements 39.Monroe Street Wall 40.Sidewalk Curb & Gutter City of Riverside 3900 Main Street Riverside, CA 92522 Contact: Daniel J. Simmons (951)826-5591 (951)826-5542 Fax Ville. -as Park Imp. Completed 2006 $306,523.00 Monroe Street Wall Completed 10/2006 $200,679.00 Sidewalk Curb & Gutter Completed 10/2006 $948,142.00 41.West Chapman Ave. Parking Lot Expansion City of Fullerton 303 West Commonwealth Ave. Fullerton, CA 92832-1775 Contact: Mehrdad Miralaie (714)738-6866 (714) 738-3115 Fax Completed 2006 $353,903.0 42.Teen Square Improvements City of Lynwood 11330 Bullis Road Lynwood, CA 90262 Contact: Jorge Roque (310)603-0220 (310) 635-0493 Fax Completed 10/06 $470,047.00 23C-47 43.11arbor Hills Community Center Community Development Commission of LA County 4800 E. Cesar E Chavez Ave. Los Angeles, CA 90022 Contact: Bill Yee (323) 260-3412 (323)266-5930 Fax Completed 09/06 S209,034.00 44.Patricia Lane Park Improvements City of Santa Ana 20 Civic Center Plaza M-22 Santa Ana, CA 92702 Contact: Ed Torres (714) 647-5018 (714)647-5058 Fax Completed: 10/06 $456,181.00 45.La Palma Play Area Rehabilitation City of La Palma 7822 Walker Street La Palma, CA 90623-1771 Contact: Ismile Noorbaksh (714) 690-3310 (714) 523-2141 Fax Completed: 10/06 $245,372.00 46.Freeway Beautification City of Riverside 3900 Main Street Riverside, CA 92522 Contact: Daniel J. Simmons (951)826-559t (951) 826-5542 Fax Completed 09/06 $245,685.00 47.Veterans Memorial City of Paramount 16400 Colorado Ave. Paramount. CA 90723-5012 Contact: Jack Perich (562)220-2000 (562) 630-6731 Fax Completed 10/06 S995,680.77 23C-48 48.Ray Moore Stadium Improvements CAL K-12 32598 Oak Glen Road Yucaipa, CA 92399 Contact: Nolan Ballard (909) 795-9169 (909) 795-9432 Fax Completed 09/06 $594,464.00 49.Fountain Valley Sidewalks City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 Contact: Harry Drake (714)593-4606 (714)593-4494 Fax Completed 09/06 $150,230.00 50.Civic Center Hardscape City of Apple Valley 14955 Dale Evans Parkway Apple Valley, Ca 92307 Contact: Gina Whiteside (760)240-7000 Completed 02/07 $698,802.96 51.Mpower Parking Lot City of Bellflower 16600 Civic Center Drive Bellflower, Ca 90706 Contact: Paul Zweip (562) 804-1424 (562)925-8660 Completed 01/07 $317,361.06 52.Loma Linda Tennis Courts City of Loma Linda 25541 Barton Road Loma Linda, Ca 92354 Contact: Eleazar Alex Rubalcava (909) 799-2800 (909)799-2890 Fax Completed 12/06 $351,278.42 23C-49 53.Adelanto Road Imp. City of Adelanto 11600 Airbase Road Adelanto, Ca 92301 Contact: Wilson So (760) 246-2300 Completed 11/06 S967,788.90 54.Perris Blvd. Median City of Moreno Valley 14117 Frederick Street Moreno Valley Contact: Ben Rahimian (951)411-3130 (951)413-3170 Fax Completed 12/06 $96,967.05 55.Highland Sidewalks City of Highland 7231 Boulder Avenue #531 Highland, Ca 92346 Contact: John G. Egan (909)748-0010 (909)748-0016 Fax Completed 01/07 $283,989.03 56.Lincoln St. Park City of Lake Elsinore 130 S Main St. Lake Elsinore, Ca 92530 Dave Solomon (951) 674-87-61 (951) 674-3124 Fax Completed 3/07 $769,634.40 57.Shirpser Elementary School El Monte City School District. 3540 N. Lexington Ave. El Monte, Ca 91731 Contact: Lila Hoverman (909) 305-2332 (909)105-2180 Completed 03/07 $160,391.68 23C-50 58.Mistletoe Park Imp. City of San Jacinto 248 E. Street San Jacinto, Ca 92583 Contact: Mike Emberton (951)654-4041 (951) 487-7382 Completed 02/07 $220,966.60 59.Allendale Park City of Pasadena 100 N. Garfield Ave. Pasadena, Ca 91105 Contact: Alba Iraheta (626)744-4124 Completed 02/07 $278,093.32 60.Ramsey Street Medians City of Banning 99 E. Ramsey Street Banning, Ca 92220 Contact: Arturo Vela (951)922-3130 (909) 922-3141 Fax Completed 05/07 $914,522.00 61.Boeing St. City of Moreno Valley 14177 Frederick Street Moreno Valley, Ca 92552 Contact: Christopher L. Wiberg (951) 413-3135 (951) 413-3170 Fax Completed 02/07 $281,834.81 62.Alicia Parkway Medians City of Laguna Hills 24035 El Toro Road Laguna Hills, Ca 92653 Contact: Kenneth Rosefield (949)707-2650 (949)707-2633 Completed 05/07 $434,021.89 23C-51 63.Cesar Chavez Park Imp. City of South Gate 8650 California Avenue South Gate, Ca 90280 Contact: Adel Freij Willdan (323) 357-9657 (323)563-9572 Fax Completed 05/07 S1,503,328.08 64.Chino Concrete Repair City of Chino 13220 Central Avenue Chino, Ca 91710 Contact: Jerry Perez (909)627-7577 (909) 591-6829 Fax Completed 06/07 $362,006.00 65.Chapman Ave. Streetscape City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Patricia A. Simpson (714) 379-9222 (714) 890-3123 Fax Completed July 2007 $905,480.50 66.Imperial Highway County of Los Angeles 900 South Fremont Avenue Alhambra, Ca 91803 Contact: Hector Hernandez (626) 458-5100 Completed June 2007 $333,355.35 67.Fairplex Park & Ride County of Los Angeles 900 South Fremont Avenue Alhambra, Ca 91803 Contact: Jose Pon (626)458-5100 Completed 2007 23C-52 68.11olifield Park City of Norwalk 127000 Norwalk Blvd. PO Box 1030 Norwalk, Ca 90651 Contact: Brenda L. De Jager (562)929-5700 (562) 929-5773 Fax $96,987.50 69.Veterans Park Walkway City of Yorba Linda 4845 Casa Loma Ave. P.O. Box 87014 Yorba Linda, Ca 92885 Contact: Steve Campbell (714)961-7100 Completed 04/07 $139,643.00 70.Foothill Blvd. Medians Lewis Operating Corporation It 56 North Mountain Ave. P.O. Box 670 Upland, Ca 91785 Contact: Stacy Lin (909)985-0971 Completed 05/07 $166,373.29 71.Foothill Blvd. Perimeter Lewis Operating Corporation 1156 North Mountain Ave. P.O. Box 670 Upland, Ca 91785 Contact: Stacy Lin (909) 985-0971 Completed 05/07 $475,313.22 72.Chino Hills Pkwy Monument City of Chino Hills 2001 Grand Avenue Chino Hills, Ca 91709 Contact: Anne Dutrey (909) 364-2760 (909)164-2791 Fax Completed 4/07 5300,175.00 23C-53 73.Civic Center Park Landscape City of Apple Valley 14955 Dale Evans Parkway Apple Valley, Ca92307 Contact: Gina Whiteside (760)240-7000 Completed 08/07 $534,283.01 74.Friendship Park City of Bellflower 16600 Civic Center Drive Bellflower, Ca 90706 Contact: Paul Zweip (562) 804-1424 Ext.2250 (562) 804-4465 Fax Completed 11 /07 $919,500.00 75.Kessler Park County of San Bernardino157 W. 5«' Street San Bernardino, Ca 92415 Contact: Greg Bacon (909) 387-6076 (909) 397-5968 Completed 9/07 $456,152.00 76.13arstow High School Landscape City of Barstow 551 South Avenue H Barstow, Ca 92311 Contact: Steve Prince Phone: (909) 989-9979 Completed 08/07 $326,412.00 77.Laguna Niguel Amphitheater City of Laguna Niguel 27791 La Paz Road Laguna Niguel, Ca 92677 Contact: Nicholas Renn (949)362-43414 Completed 5/07 $157,900.00 23C-54 78.Valley High School PCM3 1801 S. Greenville Street Santa Ana, Ca 92704 Contact: Pamela Goodrich (714)662-0227 (7t4)662-0233Fax Completed 10/07 $234,830.00 79.Chapman Ave and Katella Ave Streetscape City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext. 204 (714) 890-3123 Fax Completed July 2007 $905,480.50 80.Cerritos Ave Streetscape City of Stanton 7800 Katella Avenue Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext.204 Completed9/07 $1.059,468.62 81.Rivera Park City of Pico Rivera 6767 Passons Blvd. Pico Rivera, Ca 90660 Contact: Jose Rico (562)802-4432 Completed 8/07 S237,592.00 82..San Gabriel Blvd City of San Gabriel 425 S. Mission Drive San Gabriel, Ca 91776 Contact: Mark Moreno (714)293-0278 (714) 973-2263 Fax Completed 11/08 $228,927.00 23C-55 83..Tree Removal and Sidewalk City of Bellflower 16600 Civic Center Drive Bellflower, Ca 90706 Contact: Paul Zwiep (562)804-1421 Ext. 2250 (562)804-4465 Fax Completed 6/07 $183,182.00 84.Grace Street Reconstruction City of Barstow 220East Mountain View Street Barstow, Ca 92311 Contaet:William Henderson (760)255-5157 (760) 760-256-1750 Fax Completed 6/07 $297,741.00 85.Recreation Trail Improvements City of Villa Park 17855 Santiago Blvd Villa Park, Ca 92861 Contract: Blane Frandsen (714) 973-2230 Completed 9/07 $144,242.32 86.Veterans Memorial Park City of Stanton 7800 Katella Avenue Stanton, Ca 90680 Contact: Sean Crumby (714) 379-9222 Ext- 204 Completed 12/07 $1,096,382.35 87.Santa Fe High School Whittier Unified School District 9401 S. Painter Ave. Whittier, Ca 90605 Contact: Dan Romo (562)698-8121 (562)693-5371 Completed 10/07 $349,309.00 DSA Inspected 23C-56 88.Curbs, Gutters & Sidewalks City of El Segundo 350 Main Street El Segundo, Ca 90245 Contract: Maryam Jones (310)524-2361 Completed 9/07 $182,201.00 89.Yucca Park City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Connie Allen (760)391-4005 Completed 03/08 $1,044,965.00 90.Foglesong Park City of Barstow 220 East Mountain View Street Barstow, Ca 92311 Contact: Jeanette Hayhurst (760)255-5146 (760)760-256-5621 Completed 02/08 $381,825.00 Percent Completed 100% 91.Las Flores Park City of Malibu 23815 Stuart Ranch Road Malibu, Ca 90265 Contact: Arthur Aladjadjian (310)456-2489 (310) 456-3356 Fax Completed 09/08 2,040,673.00 92.lmperial Median City of La Mirada 13700 La Mirada Blvd. La Mirada, Ca 90638 Contact: Steve Forster (562)902-2371 Completed 12/07 $990,381.00 23C-57 93.Rialto Concrete City of Rialto 150 South Palm Ave. Rialto, Ca 92376 Contact: Naddem Syes (909) 421-4986 (909)421-7210 Fax Completed 11/07 $170,701.00 94.UCR Parking Lot The Regents of The University of California 3615A Canyon Crest Drive Riverside, Ca 92507 Contact: John A. Friedrach (951)781-0811 (951) 781-8435 Fax Completed 12/07 $357,924.00 95.Serrano Creek Play Structure City of Lake Forest 25550 Commercentre Dr. Lake Forest, Ca 92630 Contact: Jesse Caballero (949) 855-5764 (949) 855-7050 Fax Completed 12/07 $417,545.32 96.Azusa Ave. Medians City of West Covina 1444 West Garvey Ave. West Covina, Ca 91793 Contact: Sam Guitierrez (626)939-8734 (626)939-8660 Fax Completed 12/07 S325,320.00 97.Thompson Basketball Park City of Oxnard 305 West Third Street Oxnard, Ca 93030 Contact: Patricia C. Friend (805) 385-7821 (805)805-385-8329 Fax Completed 11/07 $200,462.85 23C-58 98.College Park City of Oxnard 1060 Pacific Avenue. Building 2 Oxnard, Ca 93030 Contact: Patricia C. Friend (805)385-7821 (805)385-8329 Fax Completed 4/08 2,343,473.50 99.Warner Basin City of Anaheim 200 S. Anaheim Blvd. Suite 276 Anaheim, Ca 92805 Contact: Caster D. Williams (714)765-5176 (714)765-5225 Fax Completed 3108 166,199.00 100.Dog Park City of Culver City 9770 Culver Blvd. Culver City, Ca 90232 Contact: Hong Wang (310) 253-5604 (310)253-5626 Fax Completed 3/08 5123,10100 101.Maxwell Park Renovation City of Anaheim 200 S. Anaheim, Ca 92805 Contact: Robert Palaeologus (714) 765-5175 Ext 5711 Completed 11/08 $1,669,901.50 102.Whittier High School Quad Whittier Union High School District 9401 So. Painter Ave. Whittier, Ca 90605 Contact: Doug Orndorff (562)698-8121 Ext1537 Completed 08/2008 $1,009,783.00 23C-59 103.Meadows Park City of Lynwood 11330 Bullis Road Lynwood, Ca 90262 Contact: Arsenio Frontela (310) 603-0220 (310) 635-0493 Completed 9/08 $1,473,593.20 104.Hesperia Civic Plaza City of Hesperia 9700 Seventh Ave. Hesperia, Ca 92345 Contact: David R. Burkett (760)947-1202 Completed 9/2008 $3,500,000.00 105.PCH Roadway Improvements City of Dana Pont 33282 Golden Lantern Dana Point, Ca 92629 Contact: Todd Niemann (949)213-4231 Complcted 09/2008 $712,343.30 106.Dateland Park City of Coachela 1515 Sixth Street Coachella, Ca 92236 Contact: Mark Chappell (760) 398-5744 (760) 398-1630 Completed 10/2008 $1,679,765.61 107.Thornton & Windsor Parks City of Santa Ana P.O. Box 1988 Santa Ana, Ca 92702 Contaet:William Albright (714)647-5029 Completed 9/2008 $331,240.00 23C-60 108. Dotson Park City of Stanton 7800 Katella Avenue Stanton, Ca 90680 Contact: Scan Crumby (714) 379-9222 Ext. 204 Completed 12/08 $1,866,279.00 109.Garcia Park City of Rancho Cucamonga 10500 Civic Center Dr. Rancho Cucamonga, Ca 91729 Contact: Karen Emery Mcguire (909) 477-2740 Ext. 4080 (909) 477-2746 Fax Completed 09/08 $1,831,717.25 110.Estudillo Parking Lot City of San Jacinto 595 S. San Jacinto Ave San Jacinto, Ca 92583 Contact: Holly Binkley (951)654-3592 (951) 651-3672 Completed 8/08 $215,783.00 I II.Memorial Park Walkway & Walkway Lighting City of Pasadena 100 North Garfield Ave Pasadena, Ca 91109 Contact: Reny Q. Quijano (626)744-6741 (626)744-3892 Completed 09/2008 $130,000.00 112.Oak Glen Park Improvements County of San Bernardino 157 West Fifth Street San Bernardino, Ca 92415 Contact: Greg Bacon (909) 387-5940 (909) 387-5968 Completed 2008 Original Contract $911,488.00 23C-61 113.Westmister H.S. Parking Lot Huntington Beach U.H.S.D 5832 Bolsa Ave., Huntington Beach, Ca 92646 Contact: Celia Taylor (714)903-7000 (714)372-8105 Completed 01/09 $854,832.00 114. 1000 Palms Community Park Riverside County Redevelopment C/O Ian Davison Landscape Architecture, Inc. 3744 Tenth St. Suite 200 Riverside, Ca 92501 Contract: Ian Davison (951)683-1282 (951)683-4352 Completed 12/08 $ 775,000.00 115.Centennial H.S. Softball Park Compton U.S.D CIO DelTerra 13181 Crossroads Pkwy North Ste. 200 City of Industry, CA 91746 Contact: Lisa Estrada (626) 839-9300 (626) 592-3595 Completed 11/08 $310,000.00 116.Moorpark College Walkway Ventura Community College C/O Heery 103 Durley Avenue Camarillo, Ca 93010 Contact: Dick .Tones (805)384-8152 (805)384-8155 Completed 12/08 $359,956.00 23C-62 117.Sky Water Trail Sidewalk City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, CA 92234 Contact: Mitchell J. Nieman (760) 770-0348 (760) 202-1460 Completed 10/08 $143,021.00 118.Playfield Expansion Pomona Unified School District 800 S. Garey Ave Pomona, Ca 91766 Contact: Ava Hill (909) 397-4800 (909) 397-5050 Completed 11/2008 Original Contract S257,205.00 119.13anning Parking Lot City of Banning 99 E. Ramsey Street Banning, Ca 92220 Contact: Holly Stuart (951) 922-3138 (951)922-3141 Completed 12/08 $961,941.00 120.13all Jr. High Concrete Anaheim Unified School District 501 Crescent Way Anaheim, Ca 92803 Contact: Ralph Figueroa (714) 999-2188 (714) 520-5741 Completed 8/2008 $198,698.00 121. Slauson Ave Median Los Angeles County 900 South Fremont Ave 8`h Floor Alhambra, Ca 91803 Contact: Irma V. Serna (626)458-4951 (626) 458-2197 Completed 08,12008 S 698,729.00 23C-63 122.Cypress St. Improvement City of Highland 27215 Base Line Highland, Ca 92346 Contact: Etta R. Pulce (909) 890-1255 (909)890-0995 Completed 09/09 Original Contract $437,389.00 123. Huntington Beach HS Tennis Courts Huntington Beach Union High School District 5832 Bolsa Ave Huntington Beach, Ca 92649 Contact: Celia Taylor (714)903-7000 (714)372-8105 Completed 03/2009 $1,475,370.00 124. Downtown Infrastructure City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Mariano Aguire (760) 541-4230 (760) 391-4021 Completed 09,12009 $3,550,000.00 125.Soccer Field Beverly Hills Unified School District 255 S. Lasky Drive Beverly Hills, Ca 90212 Contact: Arturo Arce (310)550-8049 (310) 551-0287 Completed 05/2009$363,935.00 126.Community Services Parking Lot City of Westminster 8200 Westminster Boulevard Westminster, Ca 92683 Contact: Jake Ngo (714) 898-3311 (714) 895-4499 Completed 10/09 Original Contract $237,314.00 23C-64 127.Veterans Park Sports City of Colton 650 N. La Cadena Dr Colton, Ca 92324 Contact: Thomas I Williams (909) 370-5099 Completed 11/2009 S3,046,000.00 128. South Laguna Streetseape City of Laguna Beach 505 Forest Ave Laguna Beach, Ca 92651 Contact: Lisa M. Penna (949)497-0792 Completed 11/2009 $848,282.00 129. Challenger Youth Center County of Los Angeles 900 South Fremont Avenue Alhambra, Ca 91803 Contact: Brian Soria (626)459-5100 Completed 06/09 Original Contract $101,294.00 130. Tierra Bonita Park City of Lancaster 44933 Fern Avenue Lancaster, Ca 93534 Contact: Jon H Manager (661) 723-6000 Completed 07/09 Original Contract $101,294.00 131. Marina High School Courts Huntington Beach U.H.S.D 5832 Bolsa Ave Huntington Beach, Ca 92649 Contact: Celia Taylor (714)903-7000 Completed 10/2009 $1,268,639.00 23C-65 132.Thundersky Park City of Riverside 3900 Main Street Riverside, Ca 92522 Contact: Andy Emery (951) 826-5311 Completed 10/2009 $1,259,000.00 133.Mary Van Dyke Park City of South El Monte 1415 N. Santa Anita Avenue South El Monte, Ca 91733 Contact: Norma Macias (626)579-6540 Completed 12/2009 $1,259,000.00 134.Prime Desert Pavilion City of Lancaster 44933 Fern Ave Lancaster, Ca 93534 Contact: Neal Knopik (661)72-6000 Completed 10/2009 $145,674.00 135.Robinson Park City of Pasadena 100 North Garfield Avenue Pasadena, Ca 91109 Contact: Steven L. Wright (626) 744-7389 Completed 12/2009 $ 2,459,699.00 136.Westminster H.S. South Parking Lot Huntington Beach Union High School District 5832 Bolsa Avenue Huntington Beach, Ca 92649 Contact: Celia Taylor (714) 903-7000 Completed 10/2009 $ 1,065,526.00 137.Huntington Beach H.S. Fire lane Huntington Beach Union High School District 5832 Bolsa Ave Huntington Beach, Ca 92649 Contact: Nelson Cayabyab (714) 903-7000 Completed 10/2009 $664,687.00 23C-66 138. Villa & Singer Restrooms City of Pasadena 100 North Garfield Avenue Pasadena, Ca 91109 Contact: Steven L. Wright (626) 744-7389 Completed 7/2010 $458,855.00 139.Lake Skinner Improvements Riverside County Regional Park & Open - Space District 4600 Crestmore Rd Riverside, Ca 92509 Contact: Jason Plotkin (951) 955-0169 (951) 955-1383 Completed 7/2010 $4,162,378.55 140.West Downtown Pedestrian Improvement City of Santa Barbara 630 Garden Street Santa Barbara, Ca 93102 Contact: Eric Maple (805)564-5377 (805)897-2613 Completed 04/2011 $2,299,220.00 141.Fairmount Park Universal Play Area City of Riverside 3900 Main Street Riverside, Ca 92522 (951)826-2000 (951)826-2005 Contact: Andy Emery Completed 06/2010 $2,207,907.00 142.Palm Dr & Pierson Streetscape City of Desert Hot Springs 65-950 Pierson Blvd Desert Hot Springs (760)329-6411 (760) 288-0606 Contact: Jonathan Joy Completed 06/2010 $3,221,889.93 23C-67 143.Eastside Box &';Woodward Parks City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, Ca 92885 Steve Campbell (714)961-7168 Completed 06/2010 S1,067,515.41 144.Peck Park City of Los Angeles 1149 South Broadway Los Angeles, Ca 90015 (213) 847-1922 Contact: Mary Carter Completed 09/11 Original Contract $3,636,946.00 145.Pioneer High School Sitework — Quad Whittier Union High School District 9401 S Painter Ave Whittier, Ca 90605 (562)698-8121 Contact: Stephanie Ruternbeck Completed 09/2010 Original Contract $1,088,487.00 146. El Toro Park Renovation City of Lake Forest 25550 Cominercentre Dr Suite 100 Lake Forest, Ca 92630 (949)461-3400 Contact: Luis Estevez Completed 09/2010 Original Contract $ 563,681.00 147. Van Wig Courtyard Renovation Bassett Unified School District 904 N. Willow Ave La Puente, Ca 91746 (626) 839-9300 Contact: Wilson Vasconez Completed 10/2010 Original Contract $ 648,276.00 23C-68 148. Hunter Hobby Park City of Riverside 3900 Main St Riverside, Ca 92522 (951) 826-2012 (951)826-2038 Contact: Ewma Lau Completed 12/2011 Original Contract $4,754,813.00 149. Costa Mesa High School Newport —Mesa Unified School District 2985 — A Bear Street Costa Mesa, Ca 92626 (714)424-5000 Contact: James Lamond Completed: 09/2010 Original Contract S 369,072.00 150. Sepulveda Basin Sports Complex City of Los Angeles 221 N. Figueroa St. Ste 1510 Los Angeles, Ca 90012 (213) 202-2640 Contact: Mary E Alvarez Completed 01/2012 Original Contract $ 7,301,548.00 151. Corona Del Mar High School Newport Mesa Unified School District 2985 — A Bear Street Costa Mesa, Ca 92626 (714)424-5000 Contact: Jeffery Trader Completed02/2011 $916,155.00 152. Multi -Site Track & Field Improvements Huntington Beach Unified H.S.D. 5832 Bolsa Ave Huntington Beach, CA 92649 (714) 903-7000 x 4359 Contact: Celia Taylor Completed 05/2011 3,208,884.00 23C-69 153.Atwater Park City of Los Angeles 221 N Figueroa Street Los Angeles, Ca 90012 (213)202-2640 Contact: Mary E Alvarez Completed 12/2011 Original Contract: 2,170,632.00 154.Pier Bowl Lighting City of San Clemente 910 Calle Negocio San Clemente, Ca 92673 (949)361-8267 Contact: Tim Shaw Completed 07/11 Original Contract: 1,326,322.00 155.4t' Avenue Park County of Los Angeles 4800 Cesar E Chavez Avenue Los Angeles, Ca 90022 (323) 260-3449 Contact: Jeffrey Biben Completed 5/12 Original Contract: 3,866,188.00 156. College Park City of Oxnard 1060 Pacific Avenue Oxnard, Ca 93030 Contact: Renee Hatcher 805-200-5289 Completed 1/12 Original Contract: 11,056,475.00 157.Doty Trust Park City of Riverside 3900 Main Street Riverside, Ca 92522 (951) 826-2000 Contact: Andy Emery Completed 5/12 Original Contact: S 1,53 1,462.00 23C-70 158.Gibson Mariposa Park City of El Monte 11333 Valley Blvd El Monte, Ca 91731 (626)580-2058 Contact: James Enriquez Completed 01/12 Original Contract 2,905,629.00 159.Huntington Beach High School Athletic Field Imp Huntington Beach Union High School District 5832 Bolsa ave Huntington Beach, Ca 92649 (714)903-7000 Contact: Celia Taylor Completed 12/2011 Original Contract $ 2,235,567.00 160.Cucamonga Elementary School Site Imp Cucamonga School District 8776 Archibald Ave Rancho Cucamonga, Ca 91730 (909)484-1009 Contact: Lynn Ashton Completed 08/11 Original Contract: $212,426.00 161.Costa Mesa High School Paving & Landscape Newport — Mesa Unified School District 2985 — A Bear Street Costa Mesa, Ca 92626 (714) 424-5079 Contact: Jeffery Trader Completed 09/11 Original Contract $ 467,692.00 162.Don Julian Elementary Path of Travel Basset Unified School District 904 N Wilson Ave La Puente, Ca 91746 (626)931-3000 Contact: Wilson Vasconez Completed 08/1 lOriginal Contract S 779,654.00 23C-71 163.Atlantis Splash Pad City of Garden Grove 11222 Acacia Parkway Garden Grove, Ca 92842 (714)741-5040 Contact: Sandra Segawa Completed 03/12 Original Contract $ 668,192.00 164.Costa Mesa H.S. Utilities Newport — Mesa Unified School District 2985 — A Bear Street Costa Mesa, Ca 92626 (714)424-8950 Contact: Craig P. Scaringi Completed 09/11 Original Contract $ 1,215,274.00 165.Copper Hill Park County of Los Angeles 900 South Fremont Ave Alhambra, Ca 91803 (626)300-2329 Contact: Claire Chang Completed 5/2012 Original Contract $ 795,555.00 166.Florence Ave. Parking Lot County of Los Angeles Community Development Commission 1616 E. Florence Ave Los Angeles, Ca 90001 (323) 864-2574 Contact: Chen Kao Completed 1/2012 Original Contract $364,104.00 167. Full Half Width County of San Bernardino 222 W. Hospitality Lane San Bernardino, Ca 92415 (909)386-8775 Contact: Arthur L Rivera Completed 10/2012 Original Contract $ 2,696,336.00 23C-72 168.Tequesquite Park Imp. City of Riverside 3900 Main St Riverside, Ca 92522 (951)826-2000 Contact: Andy Emery Completed 6/2013 Original Contract $7,016,220.00 169.Arlington H.S. Field Upgrades Riverside Unified School District 3380 141h Street Riverside, Ca 92501 951-352-6729 Contact: Chenchira (Jane) Jumnongslip Completed 11/2012 Original Contract $3,092,452.00 170.Roosevelt II Elementary School San Bernardino City Unified School District 777 N. F Street San Bernardino, Ca 92410 909-384-1785 Contact: Andres Ramirez Completed 12/12 Original Contract $1,088,938.00 171.Poly High School — Stadium Improvements Riversde Unified School District 3380 14"' Street Riverside, Ca 92501 951-788-7147 Contact: Janet Dixon Completed 01/12 Original Contract $1,223,921.00 172.Monterey Ave Entrance Desert Community College District 43-500 Monterey Ave Palm Desert, Ca 92260 760-346-8041 Contact: Karen LeSassier Completed 08/2013 Original Contract $1,201,040.00 23C-73 173.North Campus Front Quad Landscape Long Beach Community College District 4901 East Carson Street Long Beach, Ca 90808 562-938-4947 Contact: Margie Padron Completed 5/2013 Original Contract $2,271,564.25 174.Magnolia High School Anaheim Union High School District 501 Crescent Way Anaheim, Ca 92803 714-999-3511 Contact: Jennifer Ellmore Completed 12./2012 Original Contact $1,427,100.00 175. Fitness Park City of Paramount 16400 Colorado Avenue Paramount, Ca 90723 562-220-2000 Contact: Bill Pagett Completed 4/2013 Original Contact $3,767,348.23 176. Bagdouma Park City of Coachella 1515 Sixth St Coachella, Ca 92236 760-398-5744 Contact: Gordon Fisher Completed 4/2013 Original Contract $2,447,971.00 177. Hwy 18 Imp Town of Apple Valley 14955 Dale Evans Pkwy Apple Valley, Ca 92307 760-240-7000 Contact: Christopher Moore Completed 4/2013 Original Contract: 5967,933.41 23C-74 178.Valley College San Bernardino Valley College District 114 S. Del Rosa Dr San Bernardino, Ca 92408 Contact: Charlie NG 909-382-4000 Completed 4/2013 Original Contract: $1,356,776.00 179.Orange Grove Park Community Development Commission County of Los Angeles 700 W. Main St Alhambra, Ca 91801 (323)260-3449 Contact: Jeffrey Biben Completed O1/14 Original Contract: S 1,756,889.72 180.1) Street Improvements City of Pens 101 N D Street Pens, Ca 92570 Contact: Michael Morales 951-956-2120 Completed 11/21013 Original Contract: $ 1,723,873.60 181.Chittick Field City Of Long Beach 333 West Ocean Blvd 10"' Floor Long Beach, Ca 90802 Contact: Manly Surakis 562-570-6283 Completed 5/2014 Original Contract: $7.1 MM 182.Avocado Heights Trail County of Los Angeles 900 S Fremont Ave Alhambra, Ca 91803 Contact: Irma Vasquez 626-458-4951 Completed 7/2014 Original Contract: 54,038,400.00 23C-75 183.Rimrock Road City of Barstow 220 E Mountain View Street Barstow, Ca 92311 Contact: JoAnne V. Cousino 760-256-3531 Completed 2/1014 Original Contract: $ 7,547,936,24 184. Median Improvements Town of Yucca Valley 58928 Business Center Dr Yucca Valley, Ca 92284 Contact: Alex Qishta 760-369-6579 Completes 5/2014 Original Contract: $2,161,147.00 185. Cedar Avenue County of San Bernardino 825 E. Third St San Bernardino, Ca 92415 Contact: Johnny Gayman (909)387-8104 Completed 06/2014 Original Contract: $ 811,969.00 186. Rexford Intersection Imp. City of Beverly Hills 455 N. Rexford Drive Beverly Hills, Ca 902'10 Contact: Alan Schneider (310) 285-2400 Completed 5/2014 Original Contract: S 196,624.00 187.CDBG Sidewalk Imp City of Corona 400 S. Vicentia Avenue Corona, Ca 92882 Contact: Barry Ghaemi (951)739-4961 Completed 7/2014 Original Contract $422,893.00 23C-76 188. W. San Grabriel River City of Lakewood 5050 N. Clark Ave Lakewood, Ca 90714 Contact: Kimberly McDowell 562-866-9771 Completed 11/2014 Original Contract $912,903.00 189. Royal High School Track & Field Simi Valley U.S.D 875 E. Cochran St Simi Valley, Ca 93065 Contact: Pedro Avila 805-306-4500 Completed 11/2014 Original Contract $1,845,235.00 190. Curb & Sidewalk Imp City of Rialto 335 W. Rialto Ave Rialto, Ca 92376 Contact: Marcus L. Fuller 909-820-2525 Completed 10/2014 Original Contract S 407,827.00 191. Ballfield No.S City of Buenaventura 501 Poli Street Ventura, Ca 93002 Contract: Melissa Yanez 805-654-7870 Completed 11/2014 Original Contract S 610,809.62 192. Oso Parkway Widening City of Mission Viejo 200 Civic Center Mission Viejo, Ca 92691 Contact: Kimberly Schmitt 949-470-3052 Completed 7/2015 Original Contract $ 3,481,376.71 23C-77 193. East Village Park Citv of Oxnard 1060 Pacific Ave Oxnard, Ca 93030 Contact: Ralph Alamillo 805-385-7821 Completed 5/2015 Original Contract $ 1,196,440.00 194. Crown Valley Community Park City of Laguna Niguel 30111 Crown Valley Parkway Laguna Niguel, Ca 92677 Contact: Ziad Mazboudi 949-362-4341 Completed 8/2015 Original Contract $4,599,485.88 195. Roxbury Park City of Beverly Hills 345 Foothill Road Beverly Hills, Ca 90210 Contact: Alan Schneider 310-285-1188 Completed 5/2015 Original Contract $996,626.00 196. Whitewater Park City of Cathedral City 68700 Avenida Lalo Guerrero Cathedral City, Ca 92234 Contact: John A. Corella 760-770-0340 Completed 8/2015 Original Contact $ 2,499,241.00 197.Rutland & Gramercy Streets City of Riverside 3900 Main St. Riverside, Ca 92522 Contact: Danny Cwiak 951-826-5141 Completed 04/2015 Original Contract $368,657.00 23C-78 198. D Street Imp. Phase 6 City of Perris 101 N. D Street Perris, Ca 92510 Contact: Michael Morales 951-956-2120 Completed 05/2015 Original Contract: $495,498.20 199. Grijalva Park City of Orange 300 E. Chapman Ave Orange, Ca 92866 Contact: Don Esquitz 714-532-6464 Completed 04/2015 Original Contract $ 337,809.00 200. La Mirada Blvd Median Nose Imp. City of La Mirada 13700 La Mirada Blvd. La Mirada, Ca 90637 Contact: Lori Wolfe 562-943-0131 Completed 5/2015 Original Contact $ 290,578.00 201. Lynwood Linear Park City of Lynwood 11330 Bullis Rd Lynwood, Ca 90262 Contact: Bruno Naulls 310-603-0220 Ext253 Completed 10/2015 Original Contract $ 4,683,273.00 202. Civic Center Conservation Park City of Ontario 303 East B. Street Ontario, Ca 91764 Contact: Carolyn Bell 909-395-2622 Completed 9/2015 Original Contract $ 1,985,083.00 23C-79 203. Orange Splash Pad Zone City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Sarah Ho 562-220-2000 Completed 9/2015 Original Contract $591,701.00 204. Perris Sound Wall Perris Elementary School District 143 East 1''` Street Perris, Ca 92570 Contact: Gloria Gonzales 951-657-3118 Completed 8/2015 Original Contract $ 558,772.00 205.Calipatria Capital Imp. City of Calipatria 140 West Main St Calipatria, Ca 92233 Contact: Jack 760-337-3883 Completed 8/2015 Original Contract $643,784.00 206. Oxford Retention Basin County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: Rick Sun 626-458-5911 Completed 6/2016 Original Contract $8,004,089.00 207.Beverly Hills Concrete, Curb & Gutter City of Beverly Hills 345 Foothill Rd Beverly Hills, Ca 90210 Contact: Tristan D Malabanan 310-285-2512 Completed 3/2016 Original Contact $ 996,981.00 23C-80 208.Ridgeerest Corp. Yard City of Ridgeerest 100 W. California Ave Ridgecrest, Ca 93555 Contact: Mike Bustos 760-499-5083 Completed 5/2016 Original Contract $869.734.00 209. Los Feliz Dr. Sidewalk City of Thousand Oaks 2100 Thousand Oaks Blvd Thousand Oaks, Ca 91362 Contact: Mike Tohidian 805-449-2400 Completed 6/2016 Original Contact $881,446,00 210. Via Verde Avenue City of San Dimas 245 East Bonita Avenue San Dimas, Ca 91773 Contact: Steve M. Fanner 909-394-6200 Completed 7/2016 Original Contract $766,956.00 211. Pearbloosom Park County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: David Palma 626-458-2180 Completed 8/2016 Original Contract $1,082,272.00 212. Orange Blossom Trail City of Redlands 35 Cajon Street Redlands, Ca 92373 Contact: Gregory Brooks 909-798-7698 Completed 8/2016 Original Contract $692,781.00 23C-81 213. Multi Parks City of Oxnard 305 West Third Street Oxnard, Ca 93030 Contact: Ralph Alamillo 805-385-7803 Completed 6/2016 Original Contract 5588,097.00 214. Paramount Blvd. Urban Renovations City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Bill Paget 562-220-2108 Completed 8/2016 Original Contract $3,316,409.95 215. HRPP Grant Parks City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Mike Edgar 760-391-4000 Completed 6/2016 Original Contract S1,069,040.00 216. CDBG Sidewalk Imp. City of Corona 400 S. Vicentia Ave Corona, Ca 92882 Contact: Barry Ghaemi 951-739-4961 Completed 7/2016 Original Contract $746,235.00 217. Tierra Bonita Park City of Lancaster 44933 Fern Ave Lancaster, Ca 93534 Contact: John Loomis 661-723-6237 Completed 10/2016 Original Contract S514,032.30 23C-82 218. Richmar Park City of San Marcos 201 Mata Way San Marcos, Ca 92069 Contact: Michael Edwards 760-744-1050 Completed 02/2017 Original Contract $1,617,252.00 219. Landmark / Mountain View R & R Moreno Valley Unified School District 25634 Alessandro Blvd Moreno Valley, Ca 92553 Contact: Veronica Castro 951-571-7679 Completed 11/2016 Original Contract 5505,303.00 220. Drake Chavez Park City of Long Beach 333 W. Ocean Blvd 7'' Floor Long Beach, Ca 90802 Contact: Teri Luce 562-570-6200 Completed 5/2017 Original Contract $2,474,478.00 221. Moreno Valley H.S. Fencing Moreno Valley Unified School District 25634 Alessandro Blvd Moreno Valley, Ca 92553 Contact: 7osic H. Ripoly 951-571-7500 Completed 5/2017 Original Contract $2,564,296.00 222. Carolyn Rosas Splash Pad County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: Loydi Nguyen 626-458-5100 Completed 10/2017 Original Contract $ 1,244,194.00 23C-83 223. Los Robles Splash Pad County of Los Angeles 900 S. Fremont Ave Alhambra, Ca 91803 Contact: Loydi Nguyen 626-458-5100 Completed 10/2017 Contract$ 1,192,048.00 224. Mojave Riverwalk Town of Apple Valley 14955 Dale Evans Pkwy Apple Valley, Ca 92307 Contact: Richard Pederson 760-240-7000 Completed 2/2017 Original Contract $750,623.25 225. Futsal Court City of Paramount 16400 Colorado Ave Paramount, Ca 90723 Contact: Bill Pagett 562-220 2108 Completed 5/2017 Original Contract $442,709.00 226. Digiorgio Action Park City of Arvin 200 Campus Dr. Arvin, Ca 93203 Contact: Adam Ojeda 661-854-3134 Completed 2/2017 Original Contract $454,911.00 227. Paradise Creek Educational Park City of National City 1243 National City Blvd National City, Ca 91950 Contact: Stephen Manganiello 619-336-4241 Completed 8/2017 $612,243.00 23C-84 228. Firebaugh H.S. & Lynwood Middle School Lynwood Unified School District 11321 Bullis Road Lynwood, Ca 90262 Contact: Cecilia Ginoza 626-839-9300 Completed 7/2017 $1,812,083.00 229. Jack Bulik Courtyard City of Fontana 16489 Orange Way Fontana, Ca92335 Contact: Luis Villalobos 909-350-6696 Completed 5/2017 $566,583.00 230. Southwinds Park City of Oxnard 305 W. Third St. Oxnard, Ca 93030 Contact: Renee Hatcher 805-200-5289 Completed 8/2017 $933,120.00 231. Main St. Lighting Imp. City of El Centro 1275 Main St. EL Centro, Ca 92243 Jack Fleming 760-337-4515 Completed 8/2017 $1,799,971.00 232. Miles Ave Park City of Indio 100 Civic Center Mall Indio, Ca 92201 Contact: Mike Edgar 760-391-4000 Completed 8/2017 Original Contract $1,311,487.00 23C-85 233. Kellogg Park Trust fbr Public Land 135 W. Green Street 2`1 Floor Pasadena, Ca 91105 Edna Robidas 323-223-0441 Completed 1/2018 $2,044,438.00 234. Various Parks Improvements City of Pomona 505 S. Garey Ave Pomona, Ca 91769 Dan Drake 909-620-2261 Completed 11/2017 $1,124,520.00 235. O'Farrell Charter School — Whole Site Modernization San Diego Unified School District 2351 Cardinal Lane San Diego, Ca 92123 Contact: Judith Stark 858-522-5864 Completed 9/2018 $2,817,474.00 236. Julian Fisher Park City of Monrovia 415 S. ivy Avenue Monrovia, Ca 91016 Contact: Lauren Marshall 626-932-5575 Completed 11 /2017 $474,635,00 237. Windrow Dog Park City of Oxnard 305 W. Third St Oxnard, Ca 93030 Contact: Renee Hatcher 805-200-5289 Completed 11/2017 $320,181.00 23C-86 238. Wash Stabilization City of Lake Havasu City 2330 McCulloch Blvd N. Lake Havasu City, AZ 86403 Contact: Diane Libby 928-854-0779 Completed 6/2018 $3,256,325.00 239. Cordova Park Lighting Renovation City of Mission Viejo 200 Civic Center Mission Viejo, Ca 92691 Contact: Jerry Hill 949-470-3085 Completed 3/2018 $181,710.00 240. North Beach Playground City of Santa Monica 1685 Main Street Santa Monica, Ca 90401 Contact: Marcelo Serrano 310-458-2205 ' Completed 8/2018 $1,824,677.00 241. Brookhurst Security Fence Anaheim Union High School District 501 Crescent Way Anaheim, Ca 92803 Contact: Jennifer Keys 714-999-2380 Completed 4/2018 $673,507.00 242. Bus Bench Shelter Imp. City of Redondo Beach 415 Diamond St. Redondo Beach, Ca 90277 Contact: Nik Boas 310-318-0661 Complete 7/2018 $800,341.00 23C-87 243. Wells Arlanza Sidewalks City of Riverside 3900 Main Street Riverside, Ca 92522 Contact: Alex Ramirez 951-826-5294 Completed 9/2018 S1,578,520.00 244. Torrance Splash Pad City of Torrance 3031 Torrance Blvd Torrance, Ca 90509 Contact: Nina Schroeder 310-781-7140 Completed 9/2018 $892,095.00 245. Civic Center & Community Center Imp. City of Stanton 7800 Katella Ave Stanton, Ca 90680 Contact: Guillenno Perez 714-379-9222 Completed 9/2018 1,179,072.00 246. Buena Park HS Stadium Fullerton Joint Union High School District 1051 W. Bastanchury Rd Fullerton, Ca 92833 Contact: Maria Rafael 714-870-2819 Phase I — Completed 5/2019 Phase 2 - Currently Working on $13,801,330.00 247. Hollister/Kellogg Park City of Goleta 130 Cremona Dr. Goleta, Ca 93117 Contact: JoAnne Plummer 805-562-5505 Completed 3/2019 $3,592,171.00 23C-88 248. Clover Park Restroom Replacement City of Santa Monica 1685 Main Street Santa Monica, Ca 90401 Contact: Marcelo Serrano 310-458-2205 Currently Working on $2,101,827.00 249. Laguna Beach Village Entrance City of Laguna Beach 505 Forest Avenue Laguna Beach, Ca 92651 Contact: Robert Echavarria 949-497-9000 Ext 252 Phase 1 -Completed 6/2019 Phase 2 - Currently Working on $8,432,668.00 250. Alpine Park City of Los Angeles 221 N. Figueroa St. Los Angeles, Ca 90012 Contact: Javier Gonzalez 213-847-4725 Currently working on S6,388,000.00 251. South Victoria Park Land for Public Trust 135 W. Green St Pasadena, Ca 91105 Contact: Edna Robidas 323-223-0441 Ext15 Currently Working on $1,247,927.00 252. Lake Havasu Ave Reconstruction City of Lake Havasu City 2330 McCulloch Blvd N. Lake Havasu City, AZ 86403 Contact: Shannon Blakey 928-854-0779 Completed 7/2019 $3,570,372.59 23C-89 253. Commons Heritage Park City of Cathedral City 68-700 Avenida Lalo Guerrero Cathedral City, Ca 92234 Contact: John A Corella 760-770-0360 Currently Working on $1,666,567.00 254. Dennis The Menace Park & Apollo Park City of Downey 11111 Brookshire Avenue Downey, Ca 90241 Contact: Walt Eden 949-480-7048 Currently Working on $ 5,694,775.00 255. Murdy Park City of Huntington Beach 2000 Main Street Huntington Beach, Ca 92648 Contact: Jim Escutia 714-536-5227 Currently Working on $1,205,095.00 256. Barton Park City of Anaheim 200 S. Anaheim Blvd Anaheim, Ca 92805 Contact: Bob Palaeologus 714-765-5169 Currently Working on $1,401,569.67 23C-90 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECTS 18-2679 & 18-2680 CIVIC CENTER IMPROVEMENTS This CONSTRUCTION CONTRACT is made and entered into this 17v' day of December, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and C.S. Legacy Construction Inc. (hereinafter "CONTRACTOR"). WH'NESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Civic Center Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Nine Hundred Twenty-seven Thousand Four Hundred Twenty-one Dollars and No Cents ($927,421), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/01/2017 23C-91 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23C-92 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney C.S. Legacy Const By: 1 JOKN FUNK NAME: Assistant City Attorney TITLE: RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency Inc. 23C-93 Pagc 3 c;`? COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-2679 & 18-2680: CIVIC CENTER IMPROVEMENTS Construction Contract $ 927,421 Contract Administration $ 59,213 Inspection and Testing $ 79,900 Contingencies $ 92,743 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,159,277 EXHIBIT 4 23C-94 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: AUTHORIZE FIRST AMENDMENT TO AGREEMENT WITH HDL COREN & CONE TO EXTEND AGREEMENT BY ONE YEAR FOR PROPERTY TAX REVENUE AUDITING AND CONSULTING SERVICES FOR AN AMOUNT NOT TO EXCEED $28,250 {STRATEGIC PLAN NO. 4, 2A} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute a First Amendment to Agreement with HdL Coren & Cone for Secured and Unsecured Property Tax Revenue Auditing and Consulting Services, to extend the current contract expiring December 31, 2019 for an additional one-year period beginning January 1, 2020 through December 31, 2020, for an amount not to exceed $28,250 ($23,250 contract services cost plus $5,000 contingency), subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION On February 11, 2016, a Request for Proposals (RFP No. 16-022) for Revenue Auditing, Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring services was released in connection with a variety of tax and revenue sources. Based on RFP proposals received, on October 18, 2016 the City Council awarded a contract to HdL Coren and Cone ("HdLCC") for Secured and Unsecured Property Tax Revenue Auditing and Consulting Services. The reports, analysis, and information derived from the HdLCC's Property Tax Auditing Programs are used for budget planning, revenue forecasting, trend analysis, economic development analysis, debt refinancing and other projects requiring Property Tax revenue statistics and to assist in analyzing the City's economic base. Annual Property Tax revenues of approximately $37.3 million represent approximately 12 percent of the City's total General Fund revenue. During the term of its contract with Santa Ana, HdLCC has been responsive to the City's needs, has offered excellent value, and has proven to be an appropriate selection for the services requested. Overall HdLCC has provided a flexible and cost-effective Property Tax Auditing Program. HdLCC also continues to provide Property Tax services for comparable California cities, including but not limited to: Long Beach, Orange, and Huntington Beach, among others. 25A-1 First Amendment to Agreement HdL Coren & Cone December 17, 2019 Page 2 As part of its City of Santa Ana Property Tax program HdLCC provides the following services: 1. Property Tax reporting services including, but not limited to: City Property Tax Roll Summary, top 40 net taxable change history, top 40 value change listing, median/average sales price of property sales, completed construction projects for tracking of reassessments. 2. Successor Agency services, such as, tax increment projections for each Project Area, cash flow estimates, and estimates of property tax revenues for the Project Area. 3. Property Tax analysis and identification of misallocations. 4. Property Tax web -based software application, which will enable staff to access the City's Property Tax data and be able to extract, analyze, and utilize the available data. 5. Assist in the development of a multi -year Property Tax revenue forecast model. 6. Legislative analysis regarding pertinent Property Tax legislation and regulations. 7. Ongoing consultation on all aspects of the auditing program. Staff Recommendation Continuing to engage HdLCC will enable the City to conduct audits that can recover additional revenue for the City, as well as ensure compliance with tax regulations, provide early indications of trends for the regional economy, and ensure revenues generated within city boundaries are properly allocated, assigned and remitted to the City of Santa Ana on a timely basis. In consideration of HdLCC's outstanding responsiveness to staff requests during their initial contract period (typically within 24 hours of request) and their level of service (analysis, full data and graphics), staff recommends a one-year extension of the HdLCC agreement via City Council approval of a First Amendment to Agreement extending HdLCC's contract with the City from January 1, 2020 to December 31, 2020. Staff plans to release an RFP during 2020 to ensure the City continues to receive competitive service and pricing. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2 (Maintain a stable, efficient and transparent financial environment), Strategy A (Adopt a budget that is in alignment with the five-year financial forecast and strategic plan). FISCAL IMPACT Funds in the amount of $28,250, which are comprised of the $23,250 amount for the one-year extension of the current agreement, combined with a $5,000 contingency, are available in the General Fund Property Tax account (01102002-50011). Payments made to HdLCC will be recognized when the fees related to HdLCC's auditing and reporting activities are incurred. The payments within the 2019-2020 and 2020-2021 fiscal years will be available as follows: 25A-2 First Amendment to Agreement HdL Coren & Cone December 17, 2019 Page 3 Fiscal Year Amount FY 2019-20 Property Tax Auditing Services (January 2020-June 2020) $11,625 FY 2019-20 Property Tax Services - Contingency (January 2020-June 2020) $ 2,500 FY 2020-21 Property Tax Auditing Services (July 2020-December 2020) $11,625 FY 2020-21 Property Tax Services - Contingency (July 2020-December 2020) $ 2,500 Exhibit: 1. First Amendment to Agreement WH:AG APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 25A-3 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to Consultant Services Agreement ("First Amendment to Agreement") is made as of the 17th day of December, 2019 by and between HdL Caren & Cone, a California Corporation ("CONSULTANT") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"). CITY and CONSULTANT shall hereinafter collectively be referred to as "the PARTIES", RECITALS A. The PARTIES to Consultant Agreement (A-2016-296) wish to amend said Agreement, dated October 16, 2016, by which CONSULTANT having special skill and knowledge in the field of property tax auditing and consulting agreed to perform such services for CITY with respect to secured and unsecured property taxes with provisos for other related optional services. B. The PARTIES to this First Amendment to Agreement wish to extend the length of said Agreement to include calendar year 2020 (Section 3. "TERM"), and to correspondingly increase reimbursement by $28,250 ($23,250 for base fixed fee services, plus $5,000 for optional contingent services) [Section 2. "COMPENSATION"] payable under said Agreement to coincide with the effect of the term and compensation amendments made. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the PARTIES agree to amend Section 2. "COMPENSATION" and Section 3. "TERM" as follows: 1. Section 2. COMPENSATION a. CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its base fixed fee service, the rates and charges set out in Section 4-6 "CONSIDERATION", subsection 4-6.1 Base Fixed Fee Services. b. CONSULTANT shall provide the base services described in section 4-2.0 above, for a fixed annual fee of $ 23,250 (invoiced quarterly). c. CONSULTANT agrees to provide other optional services described in sections 4-3.0 and 4-4.0 at the request of CITY in an amount not to exceed $5,000. 2. Section 3. TERM The Term of this Agreement shall be effective from January 1, 2017 and shall terminate on December 31, 2020, unless amended by the PARTIES for a longer term or terminated earlier in accordance with Section 13, below. // #15085v2 (Signatures on followingpage) 25A-4 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney FOR APPROVAL: Kathryn Downs, CPA Executive Director Finance & Management Services Agency 915085v2 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT HdL Coren & Cone e' Name: Nichole Cone Title: Vice President Tax ID# 95-4398586 25A-5 25A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE AMBULANCE & PARAMEDIC BILLING AND COLLECTION SERVICES RENEWAL AGREEMENT WITH WITTMAN ENTERPRISES, LLC FOR A CONTINGENT RECOVERY RATE NOT TO EXCEED 3.99% {STRATEGIC PLAN NO. 7, 5F} /s/Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For ,K•�►nl►tr».ic•� FILE NUMBER Authorize the City Manager to execute a renewal agreement with Wittman Enterprises, LLC for a three-year (3) period for ambulance and paramedic/medical billing and collection recovery services including an option exercisable by the City Manager to transfer the administration of the City's Paramedic Subscription Program to the consultant. The agreement would be effective from January 1, 2020 through December 31, 2022 (based on a contingent collection fee rate of 3.99%) with two optional (1) one-year extensions exercisable by the City Manager and City Attorney, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION Background The Treasury & Customer Service Division of the Finance and Management Services Agency ("FMSA") is responsible for the administration of the City's ambulance/paramedic billing and cost recovery services. The primary tasks include: • Assure the City is reimbursed in a timely manner for emergency medical services ("EMS") and transport provided through the City's contracts with the Orange County Fire Authority ("OCFA") and Care Ambulance Services, Inc. ("CARE"). • Maximize the legal cost recovery to the City from all resources, including but not limited to, Medicare, Medi-Cal, Private Insurance, and Private Pay for the EMS and transport provided. • Manage provider compliance with Medicare and Medi-Cal to insure the City has a record of clean claims and a history of proper billing. • Supply comprehensive revenue recovery involving appeal of Medicare, Medi-Cal, and private insurance denials, researching of all private pays to find viable insurance, and working with patients to arrange alternate methods of repayment; and 25B-1 Award Agreement to Wittman Enterprises, LLC for Ambulance and Paramedic Billing & Collection Services December 17, 2019 Page 2 To help coordinate patient participation in the City's Paramedic Subscription Program with other insurance coverage payments. The tasks listed above are accomplished through the use of a third -party billing and collection recovery service provider. In April 2014, the City released a Request for Proposals (RFP) for ambulance and paramedic/medical billing and collection services. Wittman Enterprises, LLC ("Wittman") was the sole qualifying responding agent/provider and was awarded an original three-year contract from July 1, 2014 through June 30, 2017 (No. A-2014-145), followed by an additional two-year amendment that expired on June 30, 2019 (No. A-2017-120) and a six-month extension to the second amended agreement expiring December 31, 2019 (No. A-2019-118). The original agreement, as well as the two subsequent amendments to each agreement contained an option, exercisable by the City Manager, to transfer the administration of the City's Paramedic Subscription Program to a consultant. RFP No. 19-083: Ambulance & Paramedic Billing and Cost Recovery Services On September 13, 2019, a notice inviting bids was advertised on the City's online bid management and publication system for ambulance/ paramedic billing and cost recovery services. The following descriptions were the key components of the RFP: 1. Scope: Proposer needed to possess and demonstrate expertise to correctly invoice paramedic, medical, and ambulance billing and collection services to Medicare, Medi-Cal, commercial insurance companies, and private pay individuals, based on the City's fee schedule and the City's Paramedic Subscription Program. 2. Experience Requirements: Proposer needed to have the ability to work closely with the City's contracted service providers for emergency and medical services, OCFA and CARE. a. Proposers needed to work with OCFA and their electronic Prehospital Care Report (ePCR) vendor to capture all necessary data. b. Proposer needed to demonstrate relative experience in working with other similar cities in Orange County. c. Proposer needed to have the ability to independently administer the City's Annual Paramedic Subscription Membership Program 3. Method of Approach: Proposer needed to provide a detailed description of the approach and methodology to be used to accomplish the Scope of Services. A summary of the Request for Proposal (RFP) solicitations and the proposals received is as follows: 89 Vendors were electronically notified 19 Vendors downloaded the bid packet 0 Bids received from Santa Ana vendors 5 Bids received Proposal Grading Panel Evaluations & Rating 25B-2 Award Agreement to Wittman Enterprises, LLC for Ambulance and Paramedic Billing & Collection Services December 17, 2019 Page 3 A committee composed of four (4) City FMSA Staff members reviewed and evaluated all five (5) bids received. The Proposal Grading Panel members reviewed and ranked each proposal separately based on the evaluation and rating scale established in the RFP. The following evaluation criterion, with a maximum 100 point scale, was utilized by the Proposal Grading Panel to rate each proposal: Evaluation & Rating Scale Understanding Scope of Services Method of Approach Relevant Project Experience Financial Stability Compliance with RFP Requirements References Reasonableness of Cost Points 20 20 20 10 10 10 10 100 Maximum Points The listed evaluation and rating scale requirements were assigned a pointscale based on the item's relative importance. The final score was derived by averaging the individual staffs' rating for each category and then reaching a cumulative score. Using this methodology, the highest average cumulative score would reflect the best proposal. RFP No. 19-083: Ambulance/Paramedic Billing and Collection Services Rank Firm Average Score 1 Wittman Enterprises, LLC 97.67 2 R1 EMS 94.00 3 LifeQuest Services 88.33 4 Digitech 86.00 5 Change Healthcare 82.00 The RFP submittal by Wittman met all the evaluation and rating criteria required in RFP No. 19- 083. Moreover, based on the highest points total in the table above, Wittman was the proposer with the highest rating. Wittman - Billina. Collection. and Paramedic Subscription Proaram Services Staff recommends the selection of Wittman due to its extensive experience and its specialty with invoicing, categorizing, recording, monitoring, supervising, and managing of ambulance billing and EMS cost recovery systems and services. Since 1991, Wittman has had EMS billing experience with the City's neighboring communities and provides services to more than 100 public departments in California from their Sacramento -area headquarters location. Furthermore, because of this RFP, Wittman has proposed a reduction in their cost -recovery fee. Specifically, Wittman's fees are contingent upon successful billing and collection of EMS services provided through the City's contracts with the OCFA and CARE. Wittman's current fee rate is 6.3% 25B-3 Award Agreement to Wittman Enterprises, LLC for Ambulance and Paramedic Billing & Collection Services December 17, 2019 Page 4 of revenues collected. Wittman's proposed fee rate over a term of three (3) contract years, including two optional (1) one-year extensions is 3.99% (a 57.89% reduction): • Agreement Year 1 (Basic Term) — equal to 3.99% of net collections obtained by Consultant (with and without Treat -No -Transport Call Fees). • Agreement Year 2 (Basic Term) — equal to 3.99% of net collections obtained by Consultant (with and without Treat -No -Transport Call Fees). • Agreement Year 3 (Basic Term) — equal to 3.99% of net collections obtained by Consultant (with and without Treat -No -Transport Call Fees). • Agreement Year 1 (Optional Term) — equal to 3.99% of net collections obtained by Consultant (with and without Treat -No -Transport Call Fees). • Agreement Year 2 (Optional Term) — equal to 3.99% of net collections obtained by Consultant (with and without Treat -No -Transport Call Fees). During the most recently completed fiscal year (FY 2018-19), the City received approximately $5.1 million in Paramedic Service charges. Due to the proposed reduction in the cost recovery by Wittman, Staff anticipates an increase in Paramedic Services during the contract period. In addition to administering the City's paramedic/medical billing and collection services agreement, the Treasury & Customer Service Division is responsible for managing the City's Paramedic Subscription Program. Approximately 2,900 Santa Ana households have participated (paid) in the program at an annual membership fee of $60.08, generating approximately $173,000 in revenue for FY 2018-19. As an optional add -on, the agreement proposes that Wittman promote, administer, and collect the City's Paramedic Subscription Program. Optional services to be performed by Wittman and related costs are as follows: • An initial mass mailing to promote participation in the City's Paramedic Subscription Program. The initial mass mailing list will total approximately 36,000 accounts. • An annual renewal mailer to all registered Paramedic Subscription Program members. • Generate and send a Paramedic Subscription Program membership mailer to all non - subscription paramedic/medical service recipients on an ongoing basis. • Collect all Paramedic Subscription Program applications and membership fees. o The proposed cost for Wittman's Paramedic Subscription Program service will be applied as follows: • Agreement Year 1 through 3 (Basic Term) — fixed rate of $12.50 per membership. • Agreement Year 1 (Optional Term) — fixed rate of $12.75 per membership. • Agreement Year 2 (Optional Term) — fixed rate of $13.00 per membership. 25B-4 Award Agreement to Wittman Enterprises, LLC for Ambulance and Paramedic Billing & Collection Services December 17, 2019 Page 5 In order to implement the optional Paramedic Subscription Program through Wittman, the Centers for Medicare & Medicaid Services (CMS) require that a client jurisdiction such as Santa Ana maintain a certain paramedic subscription fee threshold to meet Medicare Part B cost -sharing guidelines. This would require the City to increase its proposed 2019-20 fiscal year subscription fee from $60.08 to $87.50 ($75.00 CMS threshold fee, plus $12.50 per membership handling charge). Participation in the optional City Paramedic Subscription proposal is elective on the part of the City and can be exercised by the City Manager or his/her designee for the first agreement year, one - hundred -twenty (120) days prior to July 1, 2020, and thereafter one -hundred -twenty (120) days prior to January 1 st for any subsequent agreement year. Any increases to the Subscription Program Fee will be brought to the City Council for consideration during the FY 2020-21 budget process. Based on the evaluations and ratings of RFP No. 19-083 for ambulance and paramedic/medical billing and collection services, staff recommends executing an agreement with Wittman for three (3) years, effective January 1, 2020 through December 31, 2022 including two optional one-year (1) extension periods. Additionally, staff recommends retaining the option, at the election of the City, to transfer the administration of the City's Paramedic Subscription Program to the consultant. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #7 — Team Santa Ana, Objective #5 (Create a culture of innovation and efficiency within the organization, Strategy F (Explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT Payment for services is contingent upon successful collection; Wittman will share in the total revenue recovered from their billing/collection efforts and paid from the Fire Suppression/EMS Contract Services Professional account (no. 01115330-62300). Revenues generated as a result of this agreement will be as follows: • Paramedic Subscription Fee (Ambulance Transport) — 01115002 — 53509 • Paramedic Services Charge (Paramedic Subscription Program) — 01115002 — 53510 APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Agreement 2. RFP No. 19-083 AG:WH 25B-5 W1:I1:1hs AGREEMENT WITH WITTMAN ENTERPRISES FOR PROFESSIONAL AMBULANCE AND PARAMEDIC BILLING & COLLECTION SERVICES THIS AGREEMENT, made and entered into this 17a' day of December, 2019 by and between Wittman Enterprises, LLC, a California Limited Liability company (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill in providing ambulance and paramedic billing and collection services for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS) Programs. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: SCOPE OF SERVICES a. CONSULTANT shall perform during the Term of this Agreement, including any extensions thereto exercised by CITY (upon a writing to CONSULTANT by City Manager), the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - EXHIBIT A, attached hereto and fully incorporated by reference. b. At the sole discretion of the CITY (upon a writing to CONSULTANT by City Manager) CONSULTANT shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Optional Services - EXHIBIT B, attached hereto and fully incorporated by reference. 2. COMPENSATION a. CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services as set forth in EXHIBIT A, a percentage fee of 3.99% of net collections obtained by CONSULTANT for each contract year, including any extensions granted by the City. #15078v4 r b. CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its optional services the rates and charges as set forth in EXHIBIT B. c. CONSULTANT shall bill for emergency Medical Services at the rates established by City Council Resolution. d. Payment by CITY shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the CITY. k"IIEW:%I This Agreement shall commence on January 1, 2020 and continue until December 30, 2022 with the option for the CITY to grant up to two (2) one (1) year renewals, exercisable in writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain and shall require its Subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. CONSULTANT shall maintain commercial general liability insurance naming the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of CONSULTANT's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the #15078v4 25B-7 CITY, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Due to the nature of the services contemplated under this agreement. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, CONSULTANT, if CONSULTANT has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, CONSULTANT agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Errors and omissions insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. Cyber/Technology liability insurance, together with Crime, and Fiduciary liability insurance with a limit of not less than $1,000,000.00 per claim with $2,000,000 in the aggregate. #15078v4 The following requirements apply to the insurance to be provided by CONSULTANT pursuant to this section: i. CONSULTANT shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the CITY upon execution of this Agreement and shall be approved by the CITY. iii. City of Santa Ana, its officers, employees, agents and representatives shall be Additional Insureds with respect to General Liability and Auto Liability Insurance is Primary and Non -Contributory. iv. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the CITY of cancellation with ten (10) days prior notice for non-payment of premium in accordance with policy provisions. V. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. vi. Certificates of insurance endorsements shall show the CITY as a certificate holder as follows: r City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana, CA 92702 vii. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. viii. CONSULTANT shall supply CITY with a fully executed additional insured endorsement. g. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 6. INDEMNIFICATION CONSULTANT agrees to defend, and shall indemnify and hold harmless the CITY, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. CITY agrees to defend, and shall indemnify and hold harmless the CONSULTANT, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claim for person injury, including death, and claims for property damage, which may arise from the negligent operations of the City, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. CITY and CONSULTANT may make all reasonable decisions with respect to their representation in any legal proceeding. 4 #15078v4 25B-9 7. INTELLECTUAL PROPERTY INDEMNIFICATION CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 8. RECORDS CONSULTANT shall defend and indemnify the CITY, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to the CITY pursuant to this Agreement. 9. CONFIDENTIALITY If CONSULTANT receives from the CITY information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, CONSULTANT agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the CONSULTANT disclosed in a publicly available source; (c) is in rightful possession of the CONSULTANT without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the CONSULTANT without reference to information disclosed by the CITY. 10. CONFLICT OF INTEREST CLAUSE CONSULTANT covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 11. DISCRIMINATION CONSULTANT shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 5 #15078v4 25B-10 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and CONSULTANT, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of CONSULTANT. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate CONSULTANT or the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT, CONSULTANT may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY's ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other Consultants retained by CITY. 14. TERMINATION This Agreement may be terminated by the CITY upon ninety (90) days written notice of termination. In such event, CONSULTANT shall be entitled to receive and the CITY shall pay CONSULTANT compensation for all services performed by CONSULTANT prior to effective date of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require CONSULTANT to deliver to the CITY all work product(s) completed as of such date, and in such case such work product shall be the property of the CITY unless prohibited by law, and CONSULTANT consents to the CITY's use thereof for such purposes as the CITY deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. #15078v4 25B-11 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. COORDINATION OF WORK OR SERVICES A. No extra work may be undertaken unless a written "Change Order" is first given by the Contract Officer or his/her designee, to CONSULTANT, incorporating therein any material adjustment in the contract and/or the time to perform this Master Renewal Agreement, which said adjustments are subject to the written approval of CONSULTANT. B. Contract Officer CITY will appoint a Contract Officer who will be in charge of the contract maintenance and administration of this Master Renewal Agreement for CITY and have authority to enter into Change Orders with CONSULTANT pursuant to this Master Renewal Agreement. It shall be CONSULTANT's responsibility to assure that CITY's Contract Officer is kept informed of the progress of the performance of the consulting services set forth in this Master Renewal Agreement and CONSULTANT shall refer any decisions which must be made by CITY to the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of CITY required hereunder to carry out the terms of this Master Renewal Agreement. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the Contract Officer. All notices regarding consulting services or requested changes in said Master Renewal Agreement shall be sent to the Contract Officer who shall be the City Manager or her/his designee. 20. ADDITIONAL WORK OR SERVICES (a) Extra Work or Services CITY shall have the right at any time during the performance of the work or services set forth in this Master Renewal Agreement, without invalidating said Master Renewal Agreement or any amendments thereto, to elect to exercise any existing option specified in the Scope of Services for extra work or services or to order extra work or services pursuant to a duly executed Change Order or to expend previously authorized contingent funds to cover expenses for work or services agreed to by the PARTIES but exceeding the amounts initially specified under the Compensation provisions of this Master Renewal Agreement or thereby make changes by altering, adding to or deducting from said work or services. (b) Change Order No extra work or services as set forth in subsection (a) above may be undertaken unless a #15078v4 25B-12 written "Change Order" is first given by the Contract Officer to the CONSULTANT, incorporating therein any material adjustment in the contract, which said adjustments are subject to the written approval of the CONSULTANT. 21. PROFESSIONAL LICENSES CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. CONSULTANT shall notify the CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. Whenever the terms of these Recitals conflict with terms of any Exhibit incorporated herein by reference, then the terms and intent of these Recitals shall prevail and be controlling. d. The said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. 23. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714-647-6956 #15078v4 25B-13 To CONSULTANT: Corinne Wittman -Wong, CEO Wittman Enterprises, LLC 11093 Sun Center Dr. Rancho Cordova, CA 95670 Fax: (916) 471-5108 COURTESY COPIES to: Kathryn Downs, CPA Finance & Management Services Agency City of Santa Ana 20 Civic Center Plaza (M-17) P.O. Box 1988 Santa Ana, California 92702 Fax: (714) 647-5304 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. H H #15078v4 25B-14 #15078v4 (Signature Page Follows) 10 25B-15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs, CPA Executive Director Finance and Management Service Agency #15078v4 CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Wittman Enterprises, LLC Corinne Wittman Wong, CEO Title: CEO Tax ID# 68-0456021 11 25B-16 EXHIBIT A SCOPE OF SERVICES The City of Santa Ana is seeking proposals from qualified firms to provide paramedic, medical, and ambulance billing and collection services. The Proposer should have the expertise needed to correctly invoice for these services to Medicare/Medicaid HMO, commercial insurance companies, and private pay individuals, based on the City's fee schedule and the City's Paramedic Subscription Program. The City currently transports approximately 16,000+ patients per year through its third party ambulance provider. The current payer mix consists of the following: Medicare/Medicare HMO 31% Medi-Cal/HMO 39% Commercial Insurance 12% Private Pay 18% GENERAL PERFORMANCE REQUIREMENTS: Proposers shall be responsible for modifying their billing systems to capture all necessary data generated from the ambulance & paramedic billing and collection services program as an electronic file and provide a description of the electronic file needed to receive data transmitted from OCFA. Proposers shall work with OCFA and their electronic Prehospital Care Report (ePCR) vendor to identify data input gaps, errors and other data needs, and describe a means of obtaining solutions to these problems. Proposers shall provide information regarding their organization's experience with ePCR software, specifically Image Trend, including a complete list of their customers utilizing ePCRs and the name and contact information of the software companies utilized. Proposals shall include a complete package describing billing and collections, follow-up, account posting, and accounts receivable reconciliation and reporting services. 1. Contractor must be able to accurately transfer all necessary information from the OCFA Image Trend database, based on the information provided by the electronic OCFA's 12 #15078v4 25B-17 ePCR, and obtain any additional information needed that is not included in the ePCR for proper and correct invoicing. 2. Contractor must have the capability to fully integrate and support OCFA's selected ePCR application. 3. Contractor shall maintain updated and current technology that will continuously provide the highest level of reimbursement and customer service possible. 4. Contractor shall designate a single manager for the City's account, who will be the City's primary contact with their agency. 5. Contractor shall provide all supplies, equipment, personnel, computer software and hardware, billing forms, insurance forms, lien forms, envelopes, postage and supplies necessary to administer, on a day-to-day basis, the City's EMS billing and accounts receivable functions. 6. Contractor shall maintain complete records of each bill, including all correspondence, documents, account records, transactions and a detailed log of all payments. These records shall be retained for a minimum of three (3) years. 7. Contractor shall maintain records that are in accordance with the Generally Accepted Accounting Principles (GAAP). The Proposer agrees that all account files are the property of the City and will relinquish them to the City at the termination of the contract. 8. Contractor shall provide monthly finance, billing, account receivable aging reports, billing summaries, details for current month invoicing, current write-off, refund reports (including pending refunds), detail of monthly receipts account reconciliation, and any additional reports that the City may need or request, in the specific format requested. 9. Contractor shall process all customer payments in accordance with the applicable Payment Card Industry (PCI) security requirements. #15078v4 13 25B-18 10. Contractor shall have the ability to handle third party payer submission inquiries regarding insurance claims. 11. Contractor shall have demonstrated experience and ability to act as the City's authorized agent for liaising on the City's behalf with the Centers for Medicare Services and/or their designated agents as well as associated state agencies. 12. Contractor shall have demonstrated experience and ability to act as the City's authorized agent for liaising with the City's contract EMS provider (OCFA). 13. Contractor shall have demonstrated experience and ability to independently administer the City's paramedic subscription program. 14. Contractor shall have the ability to cross reference patient files in various methods (i.e. Last Name, Social Security Number, Service or Residence Address, Date of Birth, Date of Service, etc.). 15. Contractor shall have the ability to receive patient care documentation on paper and electronically. 16. Contractor shall research and follow-up on all accounts with inadequate billing information to include: #15078v4 a. Contact OCFA for missing and/ or incomplete information, which may be found in their records. b. Contact receiving hospital for missing and/ or incomplete billing information needed from the admitting/ registration records. c. Contact patient family members or emergency contacts for information. d. Refer to zip code/ street directories for incomplete/ missing address information. e. Mail inquiries to the patient. 14 25B-19 17. Contractor must work with County of Orange and perform screening of all medically indigent patients. 18. Contractor must comply with all applicable provisions and specifications of the Health Insurance Portability and Accountability Act (HIPAA), as well as other federal, state, and local statues and regulations addressing patient privacy issues throughout the term of the contract. 19. Contractor shall maintain proficiency and comply with all statutory, regulatory, and other legal requirements, including amendments to such requirements, which impact billing, reimbursement and/or collections for EMS and release of private medical information. 20. Contractor agrees to cooperate with the City regarding the handling of accounts. These accounts may be included, but are not limited to accounts of the specific age classifications, handicapped, and certain dependent situations. 21. Contractor must meet or exceed mutually agreed upon collection targets. 22. Contractor agrees to provide nationwide toll -free telephone number(s) for billing inquiries. 23. Contractor agrees to meet with the City routinely and on request to discuss problems, special needs, future changes, and updates in software, technology, statistical data requests, or other relevant issues. 24. Contractor shall provide regular and continuous education and training for Contractor's staff, updating them immediately on all changes in the industry or government regulations that may have an impact on services being provided to the City. 25. Contractor shall provide to the City, listings of accounts, which the company feels are uncollectable, through normal collection processes, for further action by the City. 26. Upon request, Contractor shall make all books and records available to both internal and external auditors. #15078v4 15 25B-20 27. Contractor shall not assign or subcontract any portion of this agreement or transfer or assign any claim, pursuant to the contract, without written consent of the City. 28. Contractor must instruct customers to submit all payments to the Proposer, and not the City of Santa Ana. 29. Contractor shall collect and deposit payments on no less than a weekly basis, within three (3) days following receipt of payment. 30. Contract must meet with City staff upon execution of contract to discuss goals of the relationship, the services to be provided, and other topics relevant to the ambulance & paramedic billing and collection services program. 31. Contractor agrees to coordinate with existing service provider to transition current accounts with minimal disruption to service, and deliver to the City a computerized file of active accounts in an agreeable format. 32. Upon implementation of contract, Contractor must be able to process any backlog of billing within thirty (30) days of the implementation date. 16 #15078v4 25B-21 EXHIBIT B SCOPE OF OPTIONAL SERVICES CITY PARAMEDIC SUBSCRIPTION MEMBERSHIP PROGRAM CITY at the sole discretion of the City Manager and City Attorney shall have the option to transfer the promotion and administration of the City's Paramedic Subscription Membership Program to CONSULTANT under the following terms: 1. As a condition to participation in CONSULTANT's optional City Paramedic Subscription Membership Program and to ensure that CITY is compliant with Medicare guidelines on subscription membership fees, CITY shall impose a minimum paramedic services subscription fee of not less than $87.50. 2. CITY shall thereafter inform CONSULTANT in writing of CITY's decision to participate in CONSULTANT's optional City Paramedic Subscription Membership Program within the time -frame parameters set forth in Section 9, below. 3. Upon receipt of CITY's written decision to participate in Optional City Paramedic Subscription Membership Program, CONSULTANT shall assist CITY in generating and formatting an initial mass mailer to solicit participation by residents of the City of Santa Ana in the paramedic services subscription membership program, to be mailed by the CITY. CONSULTANT shall assist in generating and formatting a renewal paramedic services subscription membership program mailer and will assist in formatting that mailer for mass mailing. Basic mailer and renewal mailer shall include a multi -color, double -sided City Paramedic Subscription Membership Program solicitation letter/application, and prepaid return envelope. Use of additional colors, inserts or enclosures may be added at the direction of CITY. CONSULTANT's cost shall reflect increased service costs, materials, and postage. CONSULTANT shall prepare a statement of additional costs per mailing piece for approval by CITY prior to incurring additional costs. 4. CITY shall generate the initial mass mailing list from residential billing accounts listed in CITY's Municipal Utility Billing System database for the most current billing period applicable. The Mailing list shall be comprised of all residential paramedic billing accounts in CITY's Municipal Utility Billing system. CONSULTANT warrants that initial mass mailing list shall total 36,000 accounts, plus or minus 10%, which will be mailed by CITY. CONSULTANT shall annually, not less than sixty (60) days prior to the expiration of each registered City Paramedic Subscription Membership Program member, send a renewal mailer/renewal application to such subscriber; and collect all Paramedic Subscription Membership Program applications and membership fees remitted. CONSULTANT agrees to pay the cost of mailing materials and the postage charges associated to mailing said renewal mailers/applications including prepaid return envelope. 17 #15078v4 25B-22 5. CONSULTANT shall thereafter, on an on -going basis (bi-monthly or oftener in the discretion of CONSULTANT), generate and send an initial paramedic services subscription membership program mailer to all non -subscription paramedic service recipients upon payment or write-off of service recipient's paramedic services billing. CONSULTANT agrees to pay for the cost of mailing materials and the postage charges associated to mailing said paramedic services subscription membership program mailers including prepaid return envelope. 6. CONSULTANT will receive and process each subscription application by adding the member to CONSULTANT's system and posting the payment. This database will be used to identify any subscription member that may be transported upon the input to CONSULTANT's billing system. CITY will receive separate monthly reports for the subscription program. 7. Fees. The annual fee for CONSULTANT's subscription membership program service is as follows: a. The fee for CONSULTANT's Paramedic Subscription Program service will be applied as follows: I. Agreement Year 1 through 3 (Basic Term) — fixed rate of $12.50 per membership. II. Agreement Year 1 (Optional Term) — fixed rate of $12.75 per membership. III. Agreement Year 2 (Optional Term) — fixed rate of $13.00 per membership. 8. Change Order Contingency - from time -to -time, at CITY's option, CITY may request revised or optional Paramedic Subscription Membership Program services of CONSULTANT at mutually agreed upon scope and fee (to be applied as an offset to CONSULTANT's Paramedic Subscription Program billing collection remittances to CITY). 9. Participation in the optional City Paramedic Subscription Membership Program proposal shall be elective on the part of CITY, exercisable by the City Manager and City Attorney, and can be exercised each Renewal Agreement year upon one -hundred -twenty (120) days written notice given prior July 1, 2020, and thereafter one -hundred -twenty (120) days prior to January 1 st for any subsequent agreement year. #15078v4 W. 25B-23 EXHIBIT 2 City of Santa Ana Finance & Management Services Agency Treasury & Customer Services Division Request for Proposals RFP # 19-083 Ambulance & Paramedic Billing and Collection Services Issued: September 13, 2019 Due Date: October 11, 2019 3:00 PM (PST) Deadline Submit to: City of Santa Ana Purchasing Division RFP# 19-093 20 Civic Center Plaza, Room 429 Santa Ana, CA 92701 Attn: Karla Lopez, Buyer Project Coordinators: Willard V. Holt, Treasury & Customer Services Manager Alex Gutierrez, Business Tax Collector/Inspector 25B-24 City of Santa Ana CITY OF SANTA ANA REQUEST FOR PROPOSAL NO. 19-083 TABLE OF CONTENTS TITLE PAGE 1.1 Request for Proposal - Introduction 3 12 Due Date 3 1.3 Background 4 1.4 Overview 4-5 1.5 Schedule of Events 5 1.6 Term of Contract 5 1.7 Scope of Services 6 2.0 Proposal Instructions 6-7 2.1 Communication with Staff 7-8 22 Request for Information 8 2.3 Addenda 8 3.0 Understanding Proposal 8-9 3.1 Proposal Contents 9 32 Proposal Evaluation & Rating 9-10 3.3 Conditions for Proposal Acceptance 10 4.0 Contract Administration 10 4.1 Contract Modification Amendments 10-11 42 Contract Selection & Award 11 4.3Award Protests 11-12 5.0 Proposal Format Guidelines 12-18 6.0 General Terms & Conditions 19-23 Appendix 2447 Attachment A: Scope of Services Attachment B: Costs Proposal Statement Attachment C: Sample of Service Agreement Attachment D: Non -Collusion Affidavit Attachment E: Non -Lobbying Certification Attachment F: Non -Discrimination Certification Attachment G: Proposer's Statement City of Santa Ana Page 12 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-25 City of Santa Ana 1.1 REQUEST FOR PROPOSAL — INTRODUCTION: The City of Santa Ana (hereinafter referred to as "City") is requesting Proposals from qualified firms and organizations (hereinafter referred to as "Proposer") to provide ambulance & paramedic billing and collection services for Emergency Medical Services (EMS). The awarded Proposer (hereinafter referred to as "Proposer/ Contractor" depending on context) shall provide the requested services in accordance with the Scope of Services (SOS) and Sample Professional Service Agreement (Attachment B). The City desires to enter into an agreement for professional services with a qualified firm who can demonstrate competency and relevant experience in providing ambulance & paramedic billing and collection services. The City seeks an experienced and effective Contractor that minimizes City costs, maximizes the use of available technology, provides excellent client and customer service, and performs thorough and complete paramedic billing and cost recovery. Prior to submitting a proposal, Proposers are advised to carefully read the instructions herein, including the Sample Professional Service Agreement, any solicitation attachments/exhibits, and subsequent addenda (if applicable). The City intends to award an agreement for a term of three (3) years, with a two (2) year extension if both parties agree. 1.2 DUE DATE: Parties interested in responding are required to submit a complete proposal electronically to PlanetBids, submit a signed original proposal, plus (5) additional printed copies (all bound), and one electronic copy on a flash drive delivered to the City of Santa Ana, Purchasing Division no later than 3:00 p.m. (PST) on OCTOBER 11, 2019. Proposals will not be accepted after this deadline. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS. Proposal submissions shall constitute acknowledgement and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto. City of Santa Ana Page 13 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-26 City of Santa Ana 1.3 BACKGROUND: The City of Santa Ana is a Charter City, which operates under a City Council -Manager form of government. The City has an annual General Fund budget of over $316 million and a total budget of over $646 million for fiscal year 2019-2020. The City of Santa Ana is a "full service city" providing a wide range of services. These services include: police and fire protection; animal control; emergency medical aid; building safety regulation and inspection; street lighting; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and diverse range of recreational and cultural programs. The City of Santa Ana contracts with the Orange County Fire Authority (OCFA) to provide primary response for fire suppression and EMS; they operate ten (10) fire stations strategically located throughout the City of Santa Ana. The City also contracts with a private ambulance provider to respond to all 9-1-1 calls and provide emergency medical transport; the current contractor for ambulance service is CARE Ambulance Service, Inc. The City's current EMS billing and collection service provider is Wittman Enterprises, LLC. In addition, the City maintains a paramedic subscription program that is available to residents to help offset the cost of ambulance transport. 1.4 OVERVIEW: The selected company will bill for emergency medical services in a timely manner, including the billing of Medicare, Medical/Medicaid, private insurances, supplemental insurances, secondary insurances and workers' compensation carriers according to specific requirements. The company shall provide all billing statements in English and Spanish, and maintain a necessary staff of bilingual account representatives. The company shall provide excellent customer service to citizens of Santa Ana who have billing questions or problems, by providing a toll -free phone number and an email address so individuals with questions or requiring assistance with invoices, may contact City of Santa Ana Page 14 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-27 City of Santa Ana the company directly at no additional cost to the City. The company shall provide the City with electronic access to the billing records. The successful Proposer/Contractor shall possess and demonstrate they have the necessary expertise, experience and qualifications to provide these types of services. The City wishes to create efficiencies and make improvements wherever possible, and take advantage of new technologies. It is the City's intent to maintain all emergency medical and ambulance transportation billing with one institution to maximize systems and minimize administrative costs. 1.5 SCHEDULE OF EVENTS: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. • Release of RFP........................................................................ September 13, 2019 • Deadline for Written Questions ................................................. September 19, 2019 • Responses to Questions/Pre-proposal Conference (if held)..... October 1, 2019 • Due Date for Proposal Submission ........................................... October 11, 2019 • Proposal Interviews (if held) ..................................................... on or about October 21, 2019 • Present Recommended Proposal to City Council ..................... December 3, 2019 • Begin Transition to New Contract ............................................. TBD 1.6 TERM OF CONTRACT: The intended length of contract period will be three (3) years beginning July 1, 2020 (base period). The contract may be extended two (2) more years upon agreement of both parties (optional period), with a mutual right to terminate upon ninety (90) days written notice. Transition Period: The successful Proposer/Contractor shall facilitate a transition for the City from the current ambulance & paramedic billing and collection service company to the new company within a 6 month period from January 1, 2020 to June 30, 2020. In the event the incumbent provider is the successful Proposer/Contractor the term of contract will commence January 1, 2020. City of Santa Ana Page 15 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-28 City of Santa Ana 1.7 SCOPE OF SERVICES: Proposal shall include an outline which demonstrates the firm's understanding of the SOS as specified herein and further detailed in Attachment A: Scope of Services. The proposed SOS should detail the work phases to be completed, deliverables to be provided, method of approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of and how the Proposer can improve or add value to the project. Please provide suggestions and examples of where Proposer has executed their strategy successfully or how it proposes to address said concerns. 2.0 PROPOSAL INSTRUCTIONS: It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. It is the responsibility of the Proposer to ensure that any proposals submitted has been uploaded to PlanetBids prior to this proposal due date and time. PlanetBids will not accept late bids and no exceptions shall be made. Proposers will receive an a -bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission City of Santa Ana Page 16 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-29 City of Santa Ana process may contact PlanetBids at (818) 992-1771. Questions of an operational nature may be directed to the City's assigned Project Manager. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. A signed original proposal, plus (5) hard copies (bound), and one electronic copy on a flash drive must be received by the City of Santa Ana, Purchasing Division no later than the due date and time. Proposals must be date and time stamped by the City of Santa Ana Purchasing Division on time by the 3:00 P.M. (PST) Submission Due Date in order to be considered. Proposals shall NOT be mailed or sent via telegraphic, electronic or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanvlD=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. 2.1 COMMUNICATION / CONTACT WITH CITY STAFF: Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned City Buyer, and no other City staff about this RFP from the date this RFP is issued until a proposal is submitted. The assigned City Buyer will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. General questions regarding this RFP may be directed to the following designated City personnel via the City's assigned Buyer utilizing the City's PlanetBids system: City of Santa Ana Page 17 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-30 City of Santa Ana 2.2 REQUEST FOR INFORMATION (OR CLARIFICATION / QUESTIONS): Questions regarding this RFP shall be submitted via PlanetBids, by 5:00 P.M. (PST) on September 19, 2019. Responses to all questions will be posted on PlanetBids, no later than the date and time shown at the schedule of key RFP dates above. All prospective Proposers are advised to visit PlanetBids on a regular basis as the responses may be posted earlier than the date above. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. 2.3 ADDENDA: Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Notification of such addendum or amendment shall be posted on City's PlanetBids system: https://www.planetbids.com/portal.cfm?CompanylD=20137 3.0 UNDERSTANDING PROPOSAL: It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting bid proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that City of Santa Ana Page 18 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-31 City of Santa Ana the terms and conditions stated therein are full understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document should be clearly noticed in each Proposer's proposal. Please direct all questions regarding the procurement process to: City of Santa Ana Finance & Management Services — Purchasing Karla Lopez, Buyer Email: klopezlOosanta-ana.org Phone: (714) 647-5466 3.1 PROPOSAL CONTENTS: Proposals are to be prepared in such a way as to provide straightforward, concise capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, etc., are not necessary or desired. Emphasis should be concentrated on conformance to the RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Dividers and clear organization of content and material are encouraged. 3.2 PROPOSAL EVALUATION AND RATING: The criteria for evaluating the proposals submitted will take the following items into consideration: • Understanding Scope of Services 20% • Method of Approach 20% • Relevant Project Experience 20% • Financial Stability 10% • Compliance with RFP Requirements 10% • References 10% • Reasonableness of Cost 10% City of Santa Ana Page 19 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-32 City of Santa Ana The City will establish a proposal review committee to evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the Proposers. The City shall not be obligated to accept the lowest priced proposal, but will make an award in the best interests of the City of Santa Ana after all factors have been evaluated. 3.3 CONDITIONS FOR PROPOSAL ACCEPTANCE: This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all Proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any Proposal. All Proposals will become the property of the City of Santa Ana. If any proprietary information is contained in the Proposal, it should be clearly identified. 4.0 CONTRACT ADMINISTRATION: The Executive Director of Finance & Management Services of the City of Santa Ana, or his or her designee, shall be the authorized representative in all matters pertaining to the RFP process. The contract awarded pursuant to this RFP for the provision of ambulance & paramedic billing and collection services shall be administered by the Executive Director of Finance & Management Services of the City, or his or her designee. 4.1 CONTRACT MODIFICATION AND AMENDMENTS: Once a contract has been awarded and executed, the parties may adjust the specific terms of the Contract Documents from time to time where circumstances beyond the City of Santa Ana Page 110 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-33 City of Santa Ana control of either party require modification or amendment. Any modification or amendment proposed by the Contractor must be submitted in writing to the City, and may require feedback and concurrence from OCFA. Any agreed modifications and/ or amendments must be in writing, approved by all parties. 4.2 CONTRACTOR SELECTION AND AWARD: The award of contract under this RFP will be made by the City of Santa Ana. All Proposers will be notified in writing at the conclusion of the procurement process as to the results of the bid proposal evaluation process and the final award recommendation. Proposers will receive mailed award/non-award notifications, which will include the name of the Proposer awarded the contract. A. Request for Council Action: Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the Proposer providing the best quality and value to the City. Any contract resulting from this RFP shall not be effective unless and until approved by the City Council/City Manager, as applicable. B. Execution of Agreement: A sample standard agreement is included as Attachment B: Professional Service Agreement in this RFP. "Proposer" will hereinafter be referred to as "Consultant" or "Contractor" in the standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. 4.3 AWARD PROTESTS: Proposers may file a protest to a RFP with the City's Purchasing Division. In order for a protest to be considered valid, it must: City of Santa Ana Page 111 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-34 City of Santa Ana A. Be filed in writing within five (5) business days after the RFP issue date or before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award Contract on the City's website. B. Clearly identify the specific irregularity or accusation. C. Clearly identify the specific City staff determination or recommendation being protested. D. Specify, in detail, describing the grounds of the protest and the facts supporting the protest, and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City's Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The Purchasing Manager will provide a written decision to the protestor within ten (10) business days from receipt of the protest. The decision from the Purchasing Manager, or designee, is final and no further appeals will be considered. 5.0 PROPOSAL FORMAT GUIDELINES: Interested entities or contractors are to provide the City a thorough Proposal using the following guidelines: Proposal should be typed using a 12-point font size, and should contain no more than 100 typed pages (including cover letter, required Attachments `A" through "F", and resumes of key personnel, Index/Table of Contents, dividers, tables, charts, graphic exhibits, and costs proposal). Each Proposal will adhere to the following order and content of sections: proposal should be straightforward, concise and provide "layman" explanations of technical terms that are used; emphasis should be concentrated on conforming to requirements, and on providing City of Santa Ana Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 the RFP instructions, responding to the RFP a complete and clear description of the offer. 25B-35 Page 112 City of Santa Ana Proposals, which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following Proposal sections are to be included in the Proposer's response: A. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments to the entity. Include form/type of business entity. Cover letter shall not exceed one page. B. Background and Project Summary Section: The Background and Project Summary Section should describe the Proposer's understanding of the City, the work to be done, and the objectives to be accomplished. Refer to Attachment A, Scope of Services, of this RFP. C. Proposal Submittal Requirements: Complete proposals must be submitted electronically to PlanetBids, a signed original proposal, plus (5) hard copies (bound), and one electronic copy on a flash drive must be submitted to the City of Santa Ana, Purchasing Division no later than 3:00 p.m. (PST) on OCTOBER 11, 2019. Proposals will not be accepted after this deadline. Faxed or e-mailed Proposals will not be accepted. NO EXCEPTIONS. The Proposal must provide sufficient detail to allow for thorough evaluation and comparative analysis. Proposals shall NOT be mailed or sent via telegraphic, electronic mail or facsimile means. City of Santa Ana Page 113 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-36 City of Santa Ana D. Method of Approach: Provide a detailed description of the approach and methodology to be used to accomplish the SOS of this RFP. The Method of Approach shall include: 1. Description, in detail, of company's method of approach to the SOS as defined in Attachment A. Address the manner in which the firm proposes to meet the specific requirements of the SOS including, but not limited to, business office and hours and reporting requirements. 2. List of names, titles, responsibilities and telephone numbers of the persons to be contacted, at any hour, in the event of an emergency. 3. Information on whether any of the services proposed will be subcontracted out to another company and if so, then describe the portion of work and who will be providing the service. 4. Company's policies and procedures for receiving and resolving complaints from the public. Including the name, qualifications, and contact information for the person(s) responsible for receiving and resolving complaints. Report to the City response to complaint and resolution time. 5. Description of manner in which the company will inform the City and public of changes to policies and procedures. Include samples of any informational materials the company would use. Describe the procedures for monitoring employee adherence to procedures, whether new or established. 6. Detailed description of manner in which the company intends to meet the reporting requirements of Attachment A. Include a detailed description of the company's record keeping tools and methods. City of Santa Ana Page 114 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-37 City of Santa Ana Describe any additional information the company is capable of recording that may be of use to the City. 7. Propose a method of receiving completed forms electronically from the City by the firm, if one is available. 8. Electronically provide monthly reports of ambulance & paramedic billing and collection services. 9. Propose any informational or reporting enhancements the company is capable of providing. Example: secure web -based access to reports and records under this contract by the City. 10. Proposers are encouraged to provide additional innovative, value - adding features and/ or services, and/ or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. E. Statement of Qualifications: The information requested in this section shall describe the qualifications of Proposer, key staff, and sub -contractors performing projects within the past five (5) years that are similar in size and scope to demonstrate competence to perform these services. The Proposal must be submitted using the format as indicated in the Proposal Format Guidelines. Each Proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation. City reserves the right to reject, replace and approve any and all subcontractors and key staff. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. City of Santa Ana Page 115 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-38 City of Santa Ana Information shall include: 1. If Proposer is a corporation, please provide the following at minimum: • Name of corporation • Corporate office street address • City, state, and zip code • State where incorporated • Date of incorporation • First and last name of officers • Local office Address, City, State & Zip • Date local office opened its doors for business 2. If Proposer is a partnership or joint venture, please provide the following at minimum: • Name of partnership or joint venture • Principal office Address, City, State, and Zip • State of organization • Date of organization commencement • First and last name of general partner(s) • Local office Address, City, State, and Zip • Date local office opened its doors for business 3. List all businesses owned or controlled by Proposer or business manager doing similar business in California under another name. List business name and address, and specify who owns or controls the business (e.g., self, business manager, etc.). 4. List all businesses for which Proposer or business manager is or was an officer, director, or partner doing similar business in California under another name City of Santa Ana Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 List business name and address, title, date(s) in 25B-39 Page 116 City of Santa Ana position; specify who was in position (e.g., self, business manager, etc.). 5. Number of years Proposer has been in business under present business name? 6. List all business names to which Proposer provides ambulance & paramedic billing and collection services for EMS Services in the County of Orange. 7. List all businesses for which Proposer or Proposer's business managers have filed for bankruptcy protection while operating under a towing service contract. 8. Provide a list of current and previous contracts awarded to Proposer for the provision of similar services to the requirements for the City of Santa Ana. Include all public agencies served. For each, provide a brief description of the SOS, length of time Proposer has been providing services, and name, title and telephone number of the person who may be contacted regarding the firm's service record. 9. Describe firm's qualifications, experience and abilities that make it uniquely capable to provide services as specified herein. 10. Provide a detailed list of subcontractors proposed to be used, if any. For each, submit a description of the services the subcontractor will perform and specific qualifications and experience. 11. Provide copies of Proposer's ethical standards, confidentiality policies, managerial philosophy, customer service standards and standards of service quality. State manner in which Proposer ensures these City of Santa Ana Page 117 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-40 City of Santa Ana standards will be evaluated and maintained. The materials may include, but are not limited to: a. Membership in and/or good standing with an organization that is devoted to ensuring high standards of customer service and consumer protection, such as the Better Business Bureau. b. Membership in and/or good standing with a professional organization devoted to encouraging and maintaining ethical or service standards. c. Evidence of training and education in customer service, maintaining quality standards and/or maintaining quality standards received by the firm, its employees and its subcontractors. d. Letters of recommendation from customers and contracting agencies. e. Copies of instructional material used to ensure employee adherence to ethical, quality and customer service standards. f. A list of references that will attest to the firm's ethical, quality and service standards. The list should include the name, address and telephone number of the person who may be contacted and a description of the relationship between the firm and the reference. 12.The City is interested in knowing how Proposers support communities they serve. Please provide information on Proposer's company participation in local community, charitable and civic organizations and events, including membership in civic organizations, charitable contributions made by Proposer's company, etc., for consideration in the RFP evaluation. City of Santa Ana Page 118 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-41 City of Santa Ana 6.0 GENERAL TERMS AND CONDITIONS: By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. Conflict of Interest: Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. City of Santa Ana Page 119 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-42 City of Santa Ana B. Cost Proposal: All Proposers are required to submit a cost breakdown with their Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposals must be submitted with and without EMS treat -no -transport call fees. Proposals shall be valid for a minimum of one hundred eighty (180) days following submission. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City. C. Contractor's Project Expense: Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs for developing a response to this RFP are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre -contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. D. Staffing: It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific City of Santa Ana Page 120 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-43 City of Santa Ana individuals to the key positions. Provide a list of staff who will be assigned under this contract. 1. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the City. 2. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the City, and shall, subject to the concurrence of the City, replace such personnel with personnel of substantially equal ability and qualifications. E. Independent Contractor: Contractor is considered an independent Contractor and neither Contractor or its employees, nor anyone working under Contractor will be considered an agent or an employee of the City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for Workers' Compensation or other fringe benefits of any kind through the City. F. Litigation Status: Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigations pending which involve the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory City of Santa Ana Page 121 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-44 City of Santa Ana performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. G. Negotiations: The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. H. Sample Professional Service Agreement: The organization selected by the City will be required to execute a Professional Service Agreement with the City. A sample of the Agreement is enclosed as Attachment B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the Proposal. Otherwise, the Proposer will be deemed to have accepted the form of Agreement. City of Santa Ana Page 122 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-45 City of Santa Ana I. Checklist of Forms to Accompany Proposal: As a convenience to Proposers, the following is a list of the forms, included as appendices to this RFP, which should be included with Proposals (aside from the Statement of Qualifications requirement): 1. Non -Collusion Affidavit 2. Non -Lobbying Certification 3. Non -Discrimination Certification 4. Proposer's Statement 5. Staffing Plan J. Insurance & W-9 Requirements: Upon recommendation of contract award, Contractor will be required to submit the following documents with ten (10) days of City notification, unless otherwise specified in the solicitation: Insurance - City requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) or proof of legal self-insurance on file with the City for the issuance of a permit or contract. W-9 — Current signed form W-9 (Taxpayer Identification Number & Certification) which includes Contractor's legal business name(s). K. Licenses & Permits: The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Contractor shall be responsible for obtaining any licenses/permits required by the SOS. City of Santa Ana Page 123 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-46 City of Santa Ana ATTACHMENT A: SCOPE OF SERVICES The City of Santa Ana is seeking proposals from qualified firms to provide paramedic, medical, and ambulance billing and collection services. The Proposer should have the expertise needed to correctly invoice for these services to Medicare/Medicaid HMO, commercial insurance companies, and private pay individuals, based on the City's fee schedule and the City's Paramedic Subscription Program. The City currently transports approximately 16,000+ patients per year through its third party ambulance provider. The current payer mix consists of the following: Medicare/Medicare HMO 31% Medi-Cal/HMO 39% Commercial Insurance 12% Private Pay 18% GENERAL PERFORMANCE REQUIREMENTS: Proposers shall be responsible for modifying their billing systems to capture all necessary data generated from the ambulance & paramedic billing and collection services program as an electronic file and provide a description of the electronic file needed to receive data transmitted from OCFA. Proposers shall work with OCFA and their electronic Prehospital Care Report (ePCR) vendor to identify data input gaps, errors and other data needs, and describe a means of obtaining solutions to these problems. Proposers shall provide information regarding their organization's experience with ePCR software, specifically Image Trend, including a complete list of their customers utilizing ePCRs and the name and contact information of the software companies utilized. Proposals shall include a complete package describing billing and collections, follow-up, account posting, and accounts receivable reconciliation and reporting services. City of Santa Ana Page 124 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-47 City of Santa Ana 1. Contractor must be able to accurately transfer all necessary information from the OCFA Image Trend database, based on the information provided by the electronic OCFA's ePCR, and obtain any additional information needed that is not included in the ePCR for proper and correct invoicing. 2. Contractor must have the capability to fully integrate and support OCFA's selected ePCR application. 3. Contractor shall maintain updated and current technology that will continuously provide the highest level of reimbursement and customer service possible. 4. Contractor shall designate a single manager for the City's account, who will be the City's primary contact with their agency. 5. Contractor shall provide all supplies, equipment, personnel, computer software and hardware, billing forms, insurance forms, lien forms, envelopes, postage and supplies necessary to administer, on a day-to-day basis, the City's EMS billing and accounts receivable functions. 6. Contractor shall maintain complete records of each bill, including all correspondence, documents, account records, transactions and a detailed log of all payments. These records shall be retained for a minimum of three (3) years. 7. Contractor shall maintain records that are in accordance with the Generally Accepted Accounting Principles (GAAP). The Proposer agrees that all account files are the property of the City and will relinquish them to the City at the termination of the contract. 8. Contractor shall provide monthly finance, billing, account receivable aging reports, billing summaries, details for current month invoicing, current write-off, refund reports (including pending refunds), detail of monthly receipts account City of Santa Ana Page 125 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-48 City of Santa Ana reconciliation, and any additional reports that the City may need or request, in the specific format requested. 9. Contractor shall process all customer payments in accordance with the applicable Payment Card Industry (PCI) security requirements. 10. Contractor shall have the ability to handle third party payer submission inquiries regarding insurance claims. 11. Contractor shall have demonstrated experience and ability to act as the City's authorized agent for liaising on the City's behalf with the Centers for Medicare Services and/or their designated agents as well as associated state agencies. 12. Contractor shall have demonstrated experience and ability to act as the City's authorized agent for liaising with the City's contract EMS provider (OCFA). 13. Contractor shall have demonstrated experience and ability to independently administer the City's paramedic subscription program. 14. Contractor shall have the ability to cross reference patient files in various methods (i.e. Last Name, Social Security Number, Service or Residence Address, Date of Birth, Date of Service, etc.). 15. Contractor shall have the ability to receive patient care documentation on paper and electronically. 16. Contractor shall research and follow-up on all accounts with inadequate billing information to include: a. Contact OCFA for missing and/ or incomplete information, which may be found in their records. City of Santa Ana Page 126 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-49 City of Santa Ana b. Contact receiving hospital for missing and/ or incomplete billing information needed from the admitting/ registration records. c. Contact patient family members or emergency contacts for information. d. Refer to zip code/ street directories for incomplete/ missing address information. e. Mail inquiries to the patient. 17. Contractor must work with County of Orange and perform screening of all medically indigent patients. 18. Contractor must comply with all applicable provisions and specifications of the Health Insurance Portability and Accountability Act (HIPAA), as well as other federal, state, and local statues and regulations addressing patient privacy issues throughout the term of the contract. 19. Contractor shall maintain proficiency and comply with all statutory, regulatory, and other legal requirements, including amendments to such requirements, which impact billing, reimbursement and/or collections for EMS and release of private medical information. 20. Contractor agrees to cooperate with the City regarding the handling of accounts. These accounts may be included, but are not limited to accounts of the specific age classifications, handicapped, and certain dependent situations. 21. Contractor must meet or exceed mutually agreed upon collection targets. 22. Contractor agrees to provide nationwide toll -free telephone number(s) for billing inquiries. City of Santa Ana Page 127 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-50 City of Santa Ana 23. Contractor agrees to meet with the City routinely and on request to discuss problems, special needs, future changes, and updates in software, technology, statistical data requests, or other relevant issues. 24. Contractor shall provide regular and continuous education and training for Contractor's staff, updating them immediately on all changes in the industry or government regulations that may have an impact on services being provided to the City. 25. Contractor shall provide to the City, listings of accounts, which the company feels are uncollectable, through normal collection processes, for further action by the City. 26. Upon request, Contractor shall make all books and records available to both internal and external auditors. 27. Contractor shall not assign or subcontract any portion of this agreement or transfer or assign any claim, pursuant to the contract, without written consent of the City. 28. Contractor must instruct customers to submit all payments to the Proposer, and not the City of Santa Ana. 29. Contractor shall collect and deposit payments on no less than a weekly basis, within three (3) days following receipt of payment. 30. Contract must meet with City staff upon execution of contract to discuss goals of the relationship, the services to be provided, and other topics relevant to the ambulance & paramedic billing and collection services program. City of Santa Ana Page 128 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-51 City of Santa Ana 31. Contractor agrees to coordinate with existing service provider to transition current accounts with minimal disruption to service, and deliver to the City a computerized file of active accounts in an agreeable format. 32. Upon implementation of contract, Contractor must be able to process any backlog of billing within thirty (30) days of the implementation date. City of Santa Ana Page 129 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-52 City of Santa Ana ATTACHMENT B: COSTS PROPOSAL STATEMENT Proposer's Costs Proposal (COMPENSATION): COMPENSATION Proposer agrees to accept as total payment for its services a percentage fee of net collections obtained by Proposer/Consultant per contract year as follows: Agreement Year 1 (Basic Term) — equal to % of net collections obtained by Consultant (with Treat -No -Transport Call Fees). Agreement Year 2 (Basic Term) — equal to % of net collections obtained by Consultant (with Treat -No -Transport Call Fees). Agreement Year 3 (Basic Term) — equal to % of net collections obtained by Consultant (with Treat -No -Transport Call Fees). Agreement Year 4 (Optional Term) — equal to % of net collections obtained by Consultant (with Treat -No -Transport Call Fees). Agreement Year 5 (Optional Term) — equal to % of net collections obtained by Consultant (with Treat -No -Transport Call Fees). Agreement Year 1 (Basic Term) — equal to % of net collections obtained by Consultant (without Treat -No -Transport Call Fees). Agreement Year 2 (Basic Term) — equal to % of net collections obtained by Consultant (without Treat -No -Transport Call Fees). Agreement Year 3 (Basic Term) — equal to % of net collections obtained by Consultant (with Treat -No -Transport Call Fees). Agreement Year 4 (Optional Term) — equal to % of net collections obtained by Consultant (without Treat -No -Transport Call Fees). Agreement Year 5 (Optional Term) — equal to % of net collections obtained by Consultant (without Treat -No -Transport Call Fees). City of Santa Ana Page 130 Ambulance S, Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-53 City of Santa Ana The above Cost Proposals shall be valid for a minimum of one hundred eighty (180) days following submission. Firm/Entity: Signed and Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Page 131 Ambulance S, Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-54 City of Santa Ana ATTACHMENT C: SAMPLE PROFESSIONAL SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of , 2019 by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill in providing ambulance & paramedic billing and collection services for the City's Emergency Medical Services (EMS) and Emergency Medical Transport Services (EMTS), Program. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Attachment A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services a percentage fee of net collections obtained by Consultant per contract year as follows: Agreement Year 1 (Basic Term) — equal to X.XX% of net collections obtained by Consultant. City of Santa Ana Page 132 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-55 City of Santa Ana ii. Agreement Year 2 (Basic Term) — equal to X.XX% of net collections obtained by Consultant. iii. Agreement Year 3 (Basic Term) — equal to X.XX% of net collections obtained by Consultant. iv. Agreement Year 4 (Optional Term) — equal to X.XX% of net collections obtained by Consultant. V. Agreement Year 5 (Optional Term) — equal to X.XX% of net collections obtained by Consultant. b. Consultant shall bill for emergency Medical Services at the rates established by City Council Resolution. c. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by the City. 3. TERM This Agreement shall be for three (3) years commencing July 1, 2020 and terminating June 30, 2023 with the option solely exercisable by the City to grant to extend the Agreement for an additional (2) year period, exercisable in writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. City of Santa Ana Page 133 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-56 City of Santa Ana I•�I.UI=I»,I•l=I,r9d•],rr:L[$ice] N Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data, which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its Subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage City of Santa Ana Page 134 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-57 City of Santa Ana applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $2,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Due to the nature of the services contemplated under this agreement. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Errors and omissions insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. Cyber/Technology liability insurance, together with Crime, and Fiduciary liability insurance with a limit of not less than $1,000,000.00 per claim with $2,000,000 in the aggregate. f. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. City of Santa Ana, its officers, employees, agents and representatives shall be Additional Insureds with respect to General Liability and Auto Liability Insurance is Primary and Non - Contributory. iv. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City of cancellation with ten (10) days prior notice for non-payment of premium in accordance with policy provisions. City of Santa Ana Page 135 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-58 City of Santa Ana V. Consultant shall supply City with a fully executed additional insured endorsement. vi. Certificates of insurance endorsements shall show the City as a certificate holder as follows: City of Santa Ana Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana, CA 92702 vii. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. viii. Consultant shall supply City with a fully executed additional insured endorsement. g. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, City of Santa Ana Page 136 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-59 City of Santa Ana just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respects to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful City of Santa Ana Page 137 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-60 City of Santa Ana possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. I ILIP9P/1111Wail .UYA17A14.U]Jil4.111111 This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. City of Santa Ana Page 138 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-61 City of Santa Ana I[d�I=11CL7tlIaeNIMlk This Agreement may be terminated by the City upon ninety (90) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to effective date of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. IF�11111111:7E QlotIMkiM1r/=I.DJ4 This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. City of Santa Ana Page 139 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-62 City of Santa Ana fF1!JdFYd=11Iwet.Ix911)10111111:21Y9P/MM.K! a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. C. Whenever the terms of these Recitals conflict with terms of any Exhibit incorporated herein by reference, then the terms and intent of these Recitals shall prevail and be controlling. d. The said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 City of Santa Ana Page 140 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-63 City of Santa Ana With courtesy copies to Kathryn Downs, CPA Sonia R. Carvalho Finance & Management Services Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-17) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: (714) 647-5304 Fax: 714- 647-6515 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. f Signatures on following page} City of Santa Ana Page 141 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-64 City of Santa Ana IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs, Executive Director Finance and Management Service Agency City of Santa Ana Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 CITY OF SANTA ANA Kristine Ridge City Manager XQU-11101f_l,rIA (Name) (Title) Tax I D# 25B-65 Page 142 City of Santa Ana ATTACHMENT D: NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -Collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-66 Page 143 City of Santa Ana ATTACHMENT E: NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Page 144 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-67 City of Santa Ana ATTACHMENT F: NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. City of Santa Ana Page 145 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-68 City of Santa Ana The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Page 146 Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-69 City of Santa Ana ATTACHMENT G: PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, (hereinafter City) shall constitute the entire agreement between Proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to Proposer or deposited with the United States Postal Service properly addressed to the Proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or Proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or Proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required set forth in the RFP schedule are solely for the compensation under the contract will be based completed. for the entire work, that the estimated quantities purpose of comparing proposals, and that final upon the actual quantities of work satisfactorily All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm/Entity: Signed and Printed Name: Title: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Ambulance & Paramedic and Collection Services Request for Proposals: # 19-083 September 13, 2019 25B-70 Page 147 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: AMEND AGREEMENT WITH QUESTICA INC. TO INCREASE ANNUAL AMOUNT BY $15,000 (TOTAL CONTACT AMOUNT NOT TO EXCEED $136,560) TO INCLUDE OPENBOOK FINANCIAL TRANSPARENCY MODULE {STRATEGIC PLAN NO. 4, 11 /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: _••e• W ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For Elie]► oil ►1.11111q pi[e] FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an amendment with Questica, Inc. to include OpenBook Financial Transparency Module for an increased annual amount of $15,000, subject to non - substantive changes approved by the City Manager and the City Attorney. The total not -to -exceed annual amount will increase to $45,520, for a new contract amount of $136,560. DISCUSSION On January 16, 2018, the City entered into an agreement with Questica, Inc. ("Questica") for a citywide budget management software system. The Questica budget software was implemented during the Fiscal Year 2019-2020 budget process. The software facilitated a more efficient budget process and successfully integrated with the current financial system. proved successful through increased operational efficiencies, provided real-time changes during the budget process, and successfully integrated with the current financial system. Prior to the Fiscal Year 2020-21 budget process, staff plans to implement the Capital module to help automate the Capital Improvement Program document. In addition to their budget and capital modules, Questica offers a variety of other software modules, including an OpenBook ("OpenBook") Financial Transparency module. The tool includes visualization tools (charts, graphs, and maps) for financial information, including budget -to -actual comparison, budget by department or funding source, revenues by fund, and capital projects. OpenBook also has the ability to be used to visualize non -financial data, such as the number of budgeted positions, business licenses, and permits. Questica will host the data visualization tool, and a link will be created on the City's website to provide access to the public. If the amendment (Exhibit 1) to implement OpenBook (Exhibit 2) is approved by the City Council, staff anticipates the module will be available by February 2020. 25C-1 Amend Agreement with Questica, Inc. to include Open Book Financial Transparency Module December 17, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #4 — City Financial Stability, Objective #1 (Maintain a stable, efficient, and transparent financial environment). FISCAL IMPACT Funds for the additional annual amount of $15,000 are available in FY 2019-20 in 05210018-62300 (contract services) and will be budgeted in future fiscal years during the contract term. APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. First amendment with Questica, Inc 25C-2 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT, made and entered into this 171 day of December, 2019 by and between Questica, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to as "the Parties". RECITALS: A. The Parties entered into that certain Agreement (#A-2018-006) dated January 16, 2018 (hereinafter "said Agreement") for Consultant having special skill and knowledge in the field of providing budget management software for large organizations to deliver a public sector budgeting solution that supports the needs of the budget office and City departments in the development and publication of the City's annual budget and related documents. B. The Parties wish to amend the Scope of Services to add additional software in an additional module. C. The Parties also wish to amend Compensation section in order to pay for the additional module. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: The Parties hereto now desire to amend Section 1 "SCOPE OF SERVICES" and Exhibit A "Scope of Work" to include the OpenBook module which will provide financial data (budget information) for constituents and other stakeholders. The tool will enhance transparency efforts by presenting various visualization tools (charts, graphs, and maps) of financial information including but not limited to: Budget to Actual Comparison, Budget by Department or Funding Source, Revenues by Fund and Capital Projects. OpenBook also has the ability to be used for non -financial data such as the number of budgeted positions, business licenses, and permits. Questica will host the data visualization, and a link will be created on the City's website. Staff anticipates the module will be available by February 2020 — see the Proposal dated December 4, 2019, attached hereto and incorporated herein as Exhibit A-1. 2. Section 2 of said Agreement, "COMPENSATION" shall be amended to include an annual Fifteen Thousand Dollar ($I5,000.00) fee over the remaining three-year term of said Agreement, for a total not to exceed amount of Forty -Five Thousand Five Hundred Twenty Dollars ($45,520.00). Payment shall be made within 30 days of execution of this Amendment, and annually on the anniversary date of this Amendment thereafter. 3. All other terms of said Agreement shall remain unchanged and in full force and effect. 25C-3 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment the date and year first above written. ATTEST: CITY OF SANTA ANA: DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By:� LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL Kathryn Downs. Executive Director Stefari Baefg Finance & Management Services Agency Vice President, 25C-4 10 OpenBook Price Quote Prepared for Waldo Barela City of Santa Ana by Andre Aberdeen Questica Inc. December 4, 2019 v Questica Where brilliant begins, EXHIBvT A-1 25C-5 Questica OpenBook Price Quote Quotation ID#: Santa Ana - 20191204 Annual OpenBook Subscription 1 $15,000 Incremental Annual Software Subscription: $15,000 Professional Services Total Professional Services (one-time fee): $1,600 $1,600 Discount (-$1,600) Grand Total $15,000 © Questica Inc. 20191204 Page 1 of 4 25C-6 Pricing Notes Quotation ID#: Santa Ana - 20191204 • Pricing valid though: January 4, 2020 • Above pricing in US dollars • Terms of Payment: o Annual Maintenance/Software Subscription (including annual maintenance, support, and hosting services): • Year 1 to be charged on a pro -rated basis based on time from Quote Acceptance Date to the anniversary date of the master agreement, due on Quote Acceptance Date • Year 2 to be added to the already existing annual maintenance/subscription fee, subject to any applicable annual increases, and due in full on the existing Contract Renewal Date and annually thereafter © Questica Inc. 20191204 Page 2 of 4 25C-7 Questica Quotation General Terms and Conditions Quotation ID: Santa Ana - 20191204 General Terms and Information Terms of Service: The services and any related software are provided under the original License and Subscription Agreement which is hereby deemed to be fully incorporated into this quotation. Taxes: The pricing on this quotation is exclusive of all sales, use or other taxes, customs duties and similar levies, if any, payable in or to any jurisdiction or authority whatsoever. Such taxes (other than the taxes on the net income of Questica) shall be the responsibility of the Customer. Payment: Payment is required in the currency quoted. Unless detailed otherwise in this quotation, Terms are Net-30 days from the later of a) the date of receipt of invoice, or b) the invoice date. Consulting. Training or Implementation Time Invoicing: Only activities approved in an approved Scope of Work shall be invoiced. A mutually determined change control mechanism will be used to accommodate modifications to the Scope of Work. Travel Costs: Unless noted otherwise, this quotation does not include any travel, lodging, or on -site expenses. If such travel is required and subsequently authorized, Questica's standard travel and per diem rates shall apply. Air Travel, Rental Car (with associated fuel and parking costs), and Lodging costs shall be reimbursed at cost. Questica is not responsible for unpredictable (including Commercial Airline Travel) delays which may increase travel cost. © Questica Inc. 20191204 Page 3 of 4 25C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE AN AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT WITH CITY NET TO PROVIDE STREET OUTREACH SERVICES IN AN ANNUAL AMOUNT NOT TO EXCEED $688,390 FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $738,390 {STRATEGIC PLAN NO. 5,61 /s/Kristine Rida, CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2"tl Reading ❑ Implementing Resolution ❑ Set Public Hearing For [K•]►oil ►UlZI.i[•] FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute an amended and restated professional services agreement with City Net to provide street outreach services to individuals experiencing homelessness in an annual amount not to exceed $688,390, for a total amount not to exceed $738,390, for the period of December 17, 2019 to December 16, 2020, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION On October 1, 2019, the City Manager provided an overview of homelessness in Santa Ana and introduced a homeless strategic plan that includes a four -point action plan with a focus on four core areas: Clean, Outreach, Housing, and Communication. One principle of the plan was to "Be persistent in our contact with anyone suffering from homelessness." Toward implementation, the City entered into an agreement (Exhibit 2) with service provider City Net in the amount of $50,000 to provide street outreach and engagement services to unsheltered homeless individuals in Santa Ana. City Net outreach workers were assigned to both Daily Action Response Teams (DART) and Quality of Life Teams (QOLT) to respond to issues reported on the MySantaAna smartphone app. While encampments are cleared, City Net works closely with Santa Ana Police Department (SAPD) officers to connect individuals to services including urgent, non -facility based care, assistance into emergency shelter and housing, and to build relationships with those traditionally resistant to shelter or supportive services. Partnering with City Net provides SAPID officers with similar resources to augment County workers. City Net is equipped with resources for client expenses, such as relocations (Homeward Bound), bridge housing vouchers, transitional fees, sober living fees, transportation fees, and document fees. These services are all intended to help individuals obtain appropriate 25D-1 First Amendment with City Net To Provide Street Outreach December 17, 2019 Page 2 housing, medical health treatment, mental health treatment, and other services essential for achieving independent living. The City is about to reach the $50,000 spending limit and is seeking City Council approval to renew the agreement, as the additional funding exceeds the City Manager's award authority. Providing outreach and engagement services coincides with the August 21, 2018 resolution of the City Council that declared a shelter crisis related to homelessness in the City of Santa Ana. Street outreach activities help locate, identify, support and connect individuals on the streets to housing opportunities. For the period of October 14 — November 30, 2019, City Net outreach workers interacted with 310 homeless individuals on the streets, responded to 188 outreach calls from individuals identifying their city of origin as Santa Ana, engaged with 19 individuals in formal case management and exited 36 persons from the streets and into temporary or permanent housing. Considering that it frequently takes many attempts of contacting an individual before shelter is accepted, staff believes that it is in the City's best interest for City Net to continue to build upon the relationships that have already been established with the homeless population in Santa Ana. City Net is prepared to provide a range of outreach services for the City, including outreach teams working side -by -side with QOLT and DART programs, directed teams to specific locations referred by the City, or teams working on an on -call basis. Upon evaluation of the two -month program, it was determined that outreach teams used in directed or on -call methods would be an additional approach that would benefit Santa Ana. It is therefore anticipated that a hybrid of outreach services will be utilized with this contract. If less services are required than identified in the Scope of Services, the full contract amount will not be expended. STRATEGIC PLAN ALIGNMENT Approval of this item support's the City's effort to meet Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT Funds in the amount of $688,390 are available in the FY 2019-20 budget for expenditure as shown below. The entire amount of the agreement will be encumbered for carry forward to the FY 2020-21 budget. Fiscal Year Accounting Unit Fund Description Accounting Unit, Account Amount — Account # Description FY 19-20 01118811-62300 General Fund Homeless Services, Contract $300,000 (Dec. -June) Services -Professional FY 20-21 01118811-62300 General Fund Homeless Services, Contract $388,390 (July -Dec.) Services -Professional Total Contract Amount $688,390 25D-2 First Amendment with City Net To Provide Street Outreach December 17, 2019 Page 3 Steven A. Mendoza Kathryn Downs, CPA Executive Director Executive Director Community Development Agency Finance and Management Services Agency Exhibit: 1. First Amended and Restated Professional Services Agreement — City Net 2. Professional Services Agreement — City Net 25D-3 EXHIBIT 1 FIRST AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT CITY OF SANTA ANA THIS FIRST AMENDED AND RESTATED AGREEMENT is made and entered into on this day of December, 2019, by and between City Net ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On October 14, 2019, the City entered into Professional Services Agreement No. N-2019- 220 with Contractor for homeless services — street outreach, which is service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility - based care ("said Agreement"). B. In accordance with the terms and conditions of said Agreement, the City and Contractor desire to amend the Scope of Services, increase the total Compensation, and extend the Term of said Agreement. In addition to these amendments, all of the terms of said Agreement are restated herein in order to keep all conditions within a single document. C. In undertaking the performance of this First Amended and Restated Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES The Scope of Services shall be amended to replace Exhibit A in said Agreement with Exhibit 1 attached herewith and incorporated herein by this reference. Upon commencement of this First Amended and Restated Agreement, Contractor shall perform the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in Exhibit 1 and incorporated herein by reference. 2. COMPENSATION a. The total compensation shall be amended to increase the maximum amount of compensation by $688,390 such that the total sum to be expended under this First Amended and Restated Agreement shall not exceed $738,390 during the extended term of said Agreement. Additionally, City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit 1. Page 1 of 9 25D-4 EXHIBIT 1 b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made, or shall be refunded, for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. 3. TERM The Term of said Agreement commenced on October 14, 2019, and through this First Amended and Restated Agreement shall be extended through December 16, 2020, unless terminated earlier in accordance with Section 15 below. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 9 25D-5 EXHIBIT 1 a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. f. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's Page 3 of 9 25D-6 EXHIBIT 1 election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all Page 4 of 9 25D-7 EXHIBIT 1 work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential Information includes not only written information, but also infonnation transferred orally, visually, electronically, or by other means. Confidential Information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that: (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or, (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 9 25D-8 EXHIBIT 1 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be tenninated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Page 6 of 9 25D-9 EXHIBIT 1 Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To City Net: Matt Bates Vice President PO Box 90243 Long Beach, CA 90809 323-485-8881 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have Page 7 of 9 25D-10 EXHIBIT 1 been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) Page 8of9 25D-11 IN WITNESS WHEREOF, the parties hereto have executed this First Amended and Restated Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. �ARVALHO City At 'qy � By: ' Ryan O. RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine Ridge City Manager CITY NET: (name) (title) Tax ID# Page 9 of 9 25D-12 EXHIBIT 1 EXHIBIT 1 SCOPE OF SERVICES 25D-13 IMMIM11lli1il Santa Ana 8 City Net Homeless Services —Street Outreach Annual Proposal, Revised 11/29/19 Vision City Net proposes to partner with the city of Santa Ana on street outreach to homeless neighbors in the city. City Net will provide regular street outreach in the city starting January 1, 2020, or as soon as the city is ready to execute a contract. The total amount for this request is $688,390 for an annual contract. City Net will provide four (4) Outreach Teams of two (2) staff M-F, in early morning and late evening hours, in City Net transport vans, to engage street -level homeless neighbors in the city. The Outreach Teams will work to build trusting relationships and to connect homeless neighbors with shelter and resources available through the Orange County Continuum of Care (CoC). The team will also access funds in the contract for client expenses such as relocations (Homeward Bound), bridge housing (vouchers), sober living fees, transitional housing fees, transportation (bus passes, Uber fees, etc.), document fees, work equipment, emergency supplies, etc. City Net will provide regular ongoing data reports (monthly dashboard reports) of all activities to the city throughout the length of the project. Why City Net? Capacity City Net is the largest street outreach nonprofit organization in the County, with 50 of our 66 full-time employees (75%) dedicated to direct client engagement in the streets. Orange County is blessed with many excellent homeless service providers —many of them larger than City Net —but none can match City Net's focus on street outreach. It is our main service, so we have developed unmatched expertise. This team of 50 also gives us an unparalleled depth of field, allowing us deploy staff on new projects with speed and effectiveness that others cannot replicate. We have a proven ability to recruit, train, and deploy professional street outreach staff to achieve successful outcomes in the most difficult circumstances, across Orange County. Effectiveness City Net's capacity and experience have translated into more than 7,300 unique individuals engaged, of whom more than 4,000 unique individuals have been exited from the streets. Because we generally lack direct access to beds that we control, all these exits require a collaborative approach with CoC agencies, along with creativity to achieve results through relocations, bridge housing, transitional housing, etc., with agencies who are not traditionally funded through the CoC. Experience City Net is the most experienced street outreach service provider in Orange County, with active contracts in 15 Orange County cities (Anaheim, Buena Park, Brea, Cypress, Fullerton, Garden Grove, La Habra, Lake Forest, La Palma, Newport Beach, Placentia, San Clemente, Stanton, Tustin and Westminster) and is contracted by the County to serve all Central SPA cities through HEAP and HDAP. This is in addition to our past efforts on the Santa Ana Riverbed, the Santa Ana Civic Center, the Santa Ana Plaza of the Flags, and our current street outreach work in the counties of Santa Barbara, Los Angeles and Riverside. WN:IIli11il C'N'**4 City Net Santa Ana Homeless Services —Street Outreach Annual Proposal, Revised 11/29/19 City Net is experienced in providing homeless service and street outreach services in Santa Ana including: • 2016: Volunteered with the HCA to conduct the Civic Center Homeless Census • 2016: Approved for street outreach contract by Santa Ana City Council (contract was never executed because required match from OCCR did not materialize) • 2016-2019: Selected to provide street outreach services in Santa Ana through ESG • 2016-present: Selected as the meals and supportive -services coordinator at the Courtyard emergency shelter in Santa Ana. • 2017: Provided informal consultation to Santa Ana city staff on using Survey 123 GIS technology for city-wide homeless census. • 2017-2018: Contracted by County to provide street outreach services at the Santa Ana River encampments, including referrals into Santa Ana shelters including Wise Place SAFE Place, the Salvation Army Hospitality House, and the Courtyard. • 2018: Partnered with HCA and SAPID on clearance of the Plaza of the Flags • 2019-present: Selected by County to provide street outreach/case management/bridge housing service provision in Central SPA, centered at the Courtyard, through HDAP. • 2019-present: Selected by County to provide Central SPA street outreach through HEAP. • 2018-present: City Net responds to more than 1,300 calls for service annually from Santa Ana residents/clients through our Outreach Line: city NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT I TOTAL Santa Ana 66 59 93 95 110 144 135 134 119 125 101 129 1,310 Description of Services Street outreach is service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. These activities are intended to help homeless neighbors to begin the process of obtaining appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. City Net's street outreach services include engagement services, emergency health/mental health, transportation and services for special populations. Engagement Services Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless people to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities may include: • Conducting an initial assessment of client needs and eligibility; • Providing informal crisis counseling; Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries; Actively connecting and providing information and referrals to needed services; Making formal referrals/transport into shelter, including those in the Orange County CoC. EXHIBIT 1 Santa Ana City Net Homeless Services —Street Outreach Annual Proposal, Revised 11/29/19 Emergency Health/Mental Health City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. A referral example is outpatient treatment of urgent medical conditions by licensed medical professionals in community -based settings (e.g.; streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or healthcare facility. Transportation Through use of privately leased vans and/or transportation services, City Net may engage in: • Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities; • Provision of public transportation for participants; • Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there; • Assisting program participants to use public transportation. Services for Special Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs. Data Collection Policy The information City Net collects about individuals and families who access our services is confidentially stored in a local electronic database called the Homeless Management Information System (HMIS). HMIS securely records information (data) about people accessing housing and homeless services, which may include but is not limited to names and contact information, birthdates, demographic information, self - reported medical information, veteran status, disability status, etc. Under the HMIS Data -Sharing Agreement, the individual client data of those who consent to have their information stored in HMIS is only viewable by qualified staff at each participating agency. In order to participate in HMIS, leaders at each agency must sign an Agency Agreement that includes a commitment to protecting client data and maintaining confidentiality, and agency staff must pass multiple trainings that each go over the importance of client privacy. City Net is accountable to our HMIS Data -Sharing partners, to the local County, to our local Continuum of Care, and to the Department of Housing and Urban Development (HUD) to maintain the privacy and security of the confidential personal information we collect about our clients and their families. Aside from these legal and funding -related obligations, we also believe we have an ethical responsibility to our clients to not share their personal data in ways to which they've not agreed. City Net is committed to excellent data collection, privacy and security, analysis and reporting practices so that we can efficiently coordinate the most effective services for our homeless neighbors, better understand homelessness in our community, assess the types of resources needed in our local area, and participate in generating aggregate EXHIBIT 1 am Santa Ana Homeless Services —Street Outreach Annual Proposal, Revised 11/29/19 statistical reports to HUD, which help to improve policy and bring adequate funding of services for the most vulnerable populations in our community. Staffing City Net will engage in outreach activities both jointly with Santa Ana Outreach (Santa Ana Police Department, QOLT, PERT, HEART teams, etc.) and in separate outreaches with just City Net staff. All efforts will be coordinated with the city to maximize coverage of the city, engagement of homeless neighbors, and overall effectiveness in achieving project outcomes to connect homeless neighbors with shelter and resources. City Net Outreach Teams will engage early morning and late evening outreaches, with one City Net transport van per team. City Net staff will also establish a direct electronic communication text or chat with SAPID and/or city staff for "on call' referrals whenever engaged in separate outreaches. Staffing schedule • Monday thru Thursday coverage-280 hours of outreach (7 teams x 2 staff x 5 hours x 4 days) • Friday coverage-40 hours (2 teams x 2 staff x 10 hours x 1 day) Sample Staffing Plan 4 Teams of 2, 9 FTE (8 Outreach and 1 Project Management) Shift Mon Tu Wed Th Fri 7:00 am -noon 3 teams 4 teams 3 teams 4 teams 4:00 pm-9:00 pm 4 teams 3 teams 4 teams 3 teams 7:00 am-5:30 pm 2 teams Total Hours per week: Shift hrs/shift Mon Tu Wed ' Th Fri TOTAL 7:00 am -noon 5 30 40 30 40 140 4:00 pm-9:00 pm 5 40 30 40 30 140 7:00 am-5:30 pm 10 40 40 TOTAL 70 70 70 70 40 320 Notes • City Net agrees to accommodate changes to this schedule, at the direction of the city, given reasonable advance notice. • City Net Outreach Teams will honor all referral restrictions by SPA and will follow and support City of Santa Ana referral guidelines. EXHIBIT 1 25D-19 EXHIBIT 2 �eSirRAP3GE ON H E N-2019-220 VVO1K MKI PROCEED UN (IL INSURANCE EXPIRES CRKC =G F z+b L ��.. PROFESSIONAL SERVICES AGREEMENT p;,TE CITY OF SANTA ANA C"P N!,w" THIS AGREEMENT is made and entered into on this 1V day of October, 2019, by and between City Net ("Contractor '), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City,). RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of homeless services — street outreach, which is service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the inutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in the Proposal attached hereto as Exhibit A and incorporated herein by reference. 2. COMPENSATION a, City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in the Proposal attached hereto as Exhibit A and incorporated herein by reference. The total sum to be expended under this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) during the Tenn of this Agreement. b. Other than the initial up -front payment detailed in the Proposal, payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made, or shall be refunded, for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. Page 1 of 9 25D-20 EXHIBIT 2 3. TERM This Agreement shall commence on the date first written above and continue for one (1) year, unless terminated earlier in accordance with Section 15 below. The term of this Agreement may be extended upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to Page 2 of 9 25D-21 EXHIBIT 2 bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. C. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: i. Contractor shall maintain all insurance required above in full force and effect for the entixe period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Contractor shall supply City with a fully executed additional insured endorsement. £ If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnity the City for any work performed prior to approval of insurance by the City. Page 3 of 9 25D-22 EXHIBIT 2 7. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employeesagainst any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement, 9. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Page 4 of 9 25D-23 EXHIBIT 2 10. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential Information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that: (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor, disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or, (e) is independently developed by the Contractor without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities, Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 9 25D-24 EXHIBIT 2 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services that are the subject to this Agreement performed by City personnel or by other contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be, effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 6 of 9 25D-25 EXHIBIT 2 18. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executivc Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-xx) P.O. Box 1988 Santa Ana, California 92702 Fax: To City Net: First & Last Name Title City Net Address City, State, Zip Fax: Page 7 of 9 25D-26 EXHIBIT 2 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the now address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) Page 8 of 9 25D-27 EXHIBIT 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attom9Y By: t Ryan RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA ry Kristine Ridge City Manager CITY NET: (name) (title) Tax ID SIGNED IN COUNTCRPART Page 9 of 9 25D-28 EXHIBIT 2 Santa Ana ers City Net Homeless Services —Street Outreach October 2019 Proposal Vision City Net proposes to partner with the city of Santa Ana on street outreach to homeless neighbors in the city. City Net will provide regular street outreach in the city starting October 1, 2019, or as soon as the city is ready to execute a contract. The total amount for this request is $49,993; $23,485 for five (5) weeks of October 2019, at $4,697/week, and $26,508 for first two (2) weeks of November 2019, at $13,254/week, In October, City Net will provide one (1) Outreach Team of two (2) staff M-F, in early morning and late evening hours, in a City Net transport van, to engage street -level homeless neighbors in the city. The Outreach Team will work to build trusting relationships and to connect homeless neighbors with shelter and resources available through the Orange County Continuum of Care (CoC), The team will also access funds in the contract for client expenses such as relocations (Homeward Bound), bridge housing (vouchers), sober living fees, transitional housing fees, transportation (bus passes, Uber fees, etc.), document fees, work equipment, emergency supplies, etc. Starting November 4, 2019, City Net will expand Its outreach services to a fully staffed project of four (4) teams of two (2) staff to increase coverage and resources, City Net will provide regular ongoing data reports (monthly dashboard reports) of all activities to the city throughout the length of the project. Why City Net? Capacity City Net is the largest street outreach nonprofit organization in the County, with 39 of our 54 full-time employees (72%) dedicated to direct client engagement in the streets. Orange County is blessed with many excellent homeless service providers —many of them larger than City Net —but none can match City Net's focus on street outreach. It is our main service, so we have developed unmatched expertise. This team of 39 also gives us an unparalleled depth of field, allowing us deploy staff on new projects with speed and effectiveness that others cannot replicate, We have a proven ability to recruit, train, and deploy professional street outreach staff to achieve successful outcomes in the most difficult circumstances, across Orange County. Effectiveness City Net's capacity and experience have translated into more than 7,300 unique individuals engaged, of whom more than 4,000 unique Individuals have been exited from the streets. Because we generally lack direct access to beds that we control, all these exits require a collaborative approach with CoC agencies, along with creativity to achieve results through relocations, bridge housing, transitional housing, etc., with agencies who are not traditionally funded through the CoC. Experience City Net is the most experienced street outreach service provider in Orange County, with active contracts in 14 Orange County cities (Anaheim, Buena Park, Brea, Cypress, Fullerton, Garden Grove, La Habra, Lake Forest, La Palma, Newport Beach, Placentia, Stanton, Tustin and Westminster) and is contracted by the County to serve the Central SPA cities through HEAP and HDAP. This is in addition to our past efforts on the 25D-30 EXHIBIT 2 C7= Santa Ana Homeless Services —Street Outreach October 2019 Proposal Santa Ana Riverbed, the Santa Ana Civic Center, the Santa Ana Plaza of the Flags, and our current street outreach work in the counties of Santa Barbara, Los Angeles and Riverside. City Net is experienced in providing homeless service and street outreach services in Santa Ana including: 2016: Volunteered with the HCA to conduct the Civic Center Homeless Census 0 2016: Approved for street outreach contract by Santa Ana City Council (contract was never executed because required match from OCCR did not materialize) 2016-2019: Selected to provide street outreach services in Santa Ana through ESG • 2016-present: Selected as the meals and supportive -services coordinator at the Courtyard emergency shelter in Santa Ana. • 2017: Provided informal consultation to Santa Ana city staff on using Survey 123 GIS technology for city-wide homeless census. • 2017-2018: Contracted by County to provide street outreach services at the Santa Ana River encampments, including referrals into Santa Ana shelters including Wise Place SAFE Place, the Salvation Army Hospitality House, and the Courtyard. • 2018: Partnered with HCA and SAPID on clearance of the Plaza of the Flags • 2019-present: Selected by County to provide street outreach/case management/bridge housing service provision in Central SPA, centered at the Courtyard, through HDAP. • 2019-present: Selected by County to provide Central SPA street outreach through HEAP. 2018-present: City Net responds to more than 1,000 calls for service from Santa Ana residents/clients through our Outreach Line in the last 12 months: -c'^JU Y 'AUG' SEPT OZT NOV DEC 1qN =FEB MAR;: APR MAY JUN ;IUL AU23 TOTAL Anaheim 261 279 233 249 283 253 397 406 471 508 691 727 8S5 718 Brea 1 3 3 2 3 3 3 4 4 5 0 13 7 3 8' 65 Buena Park 36 38 32 34 39 35 54 96 64 71 B3 83 91 8o a 731 , Costa Mesa 12 13 1.1 12 13 12 19 19 1 22 27 29 20 19 14....217..=' Cypress 9 10 8 9 10 9 14 14 17 32 10 16 33 11 `' 173 <. Fountain Valley 6 6 5 6 7 6 9 9 11 22 5 _ 6 4 9 ,, 99, -: Fullerton 30 32 27 29 32 29 45 47 1 54 56 82 61 87 87...:.,:635 =-: Garden Grove 28 30 — 25 27 31 27 43 44 51 56 73 68 58 52 555:-': Huntington Bch 10 11 9 9 11 10 15 15 18 30. 10 28 _. 29. .. 17 204 Irvine 8 9 7 8 9 8 12 12 14 17 20 21 4 11 143 :. La Habra 11 12 10 10 12 1p 16 17 19 29 20 19 21 18 '. 202: La Palma 1 1. 1 1 2 1 2 2 3 5 2 3 1 1 _;_.24. Lake Forest 1 1 _1 1 1 1 2 2 2 2 3 2 4 9.=,.., 32:. Newport Beach 7 7 6 6 7 7 10 11 12 15 16 16 21 13 ,1140 Orange 19 23. 17 18 21 19 29 30 35 44 44 36 41 29 .,363<rp Placentia 17 1 18 15 16 18 16 26 26 31 49 28 43 25 25 : '318 '. Santa Ana 61 1 66 55 58 6G 59 93 95 110 144 135 134 219 225 7,1,195 Stanton 7 1 7 6 6 7 7 10 11 12 15 16 15 28 9 242, Tustin 6 1 7 6 6 7 6 9 10 it 12 16 33 35 15 166 Westminster 11 11 9 1D 11 10 16 16 19 27 21 32 29 18 .' TOTAL 568 607-. 506 541 614''-550 862.. $83. 1,023 1,232 1,361 1,497 '1,269 11,755-- 25D-31 EXHIBIT 2 ON City Net Description of Services Santa Ana Homeless Services --Street Outreach October 2019 Proposal Street outreach is service delivery for the specific purpose of reaching out to unsheltered homeless neighbors; connecting them with emergency shelter, housing, or critical services; and providing urgent, non -facility -based care. These activities are intended to help homeless neighbors to begin the process of obtaining appropriate supportive services, including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living. City Net's street outreach services include engagement services, emergency health/mental health, transportation and services for special populations, Engagement Services Engagement Services are activities to locate, identify, and build relationships with unsheltered homeless people to offer immediate support, intervention, and connections with homeless assistance programs and/or mainstream social services and other housing programs. Specific activities may include: • Conducting an Initial assessment of client needs and eligibility; • Providing informal crisis counseling; • Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries; • Actively connecting and providing information and referrals to needed services; • Making formal referrals/transport into shelter, Including those in the Orange County CoC. Emergency Health/Mental Health City Net will refer homeless neighbors to emergency health and/or emergency mental health services to the extent that other customary emergency health services and treatments are unavailable or inaccessible to the homeless neighbor. A referral example is outpatient treatment of urgent medical conditions by licensed medical professionals In community -based settings (e.g.; streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or healthcare facility, Transportation Through use of privately leased vans and/or transportation services, City Net may engage in: • Transporting unsheltered people to emergency shelters, emergency health, emergency mental health, or other service facilities; • Provision of public transportation for participants; Transportation costs (bus tickets, gas, minor car repairs, etc.) to assist homeless neighbors to relocate out of the region, provided they have permanent housing there; Assisting program participants to use public transportation. Services for Special Populations Services for special populations are essential services that have been tailored to address the special needs of homeless youths, victims of domestic violence, dating violence, sexual assault, or stalking, including connections to services offered by rape crisis centers, domestic violence shelters, and other organizations that serve persons who meet the HUD homeless definition and have special needs. 25D-32 EXHIBIT 2 81's City Net Santa Ana Homeless Services —Street Outreach October 2019 Proposal Staffing Summary Note: City Net agrees to accommodate changes to the schedule below, including nights and weekends, at direction of the city, given reasonable advance notice. October 1, 2019 through October 31, 2019 • Initial ramp -up phase with Immediate coverage • Monday through Thursday coverage-80 hours of outreach (2 teams x 2 staff x 5 hours x 4 days) • Friday coverage-10 hours (1 team x 2 staff x 10 hours x 1 day) • Early morning and late evening outreaches, 1 transport van November 1, 2019 onward Monday thru Thursday coverage— 280 hours of outreach (7 teams x 2 staff x 5 hours x 4 days) Friday coverage-40 hours (2 teams x 2 staff x 10 hours x 1 day) Early morning and late evening outreaches, 1 transport van Staffin Plan -October 2019: Teams of 2, 2.9 FTE (2 Outreach and 0.9 Project Management) shift : Man Tu y✓ed Th 7:00 am —noon 1 1 1 1 4;00 pm-9:00 pm 1 1 1 1 7:00 am-5:30 pm 1 October 2019: Hours Shift hrs/shift Mon Tu wed Th Fef TOTAL 7:00am-noon 5 10 10 10 10 40 4;00 pm-9:00 pm 5 10 10 10 10 40 7:00 am-530 pm 10 10 10 . TOTAL 20 20 20 20 10 90 November 2019: Teams of 2, 9 FTE (8 Outreach and 1 Project Management) Shift Mon Tu Wed Th Fri 7:00 am -noon 3 4 3 4 4:00 pm-9:00 pm 4 3 4 3 7:00 am-5:30 pm 2 November 2019: Hours Shift hrs/shift Mon Tu Wed Th Fri TOTAL 7:00 am -noon 5 30 40 30 40 -140.......... 4:00 pm-9:00 pm 5 40 30 40 30 140 7:00 am-5:30 pm 10 140 40 TOTAL 70 70 70 7.0 40 320 25D-33 EXHIBIT 2 :*I= Budget— October2019 $23,485 for 5 weeks at $4,697/week Santa Ana Homeless Services —Street Outreach October 2019 Proposal Labor Rate/hour (includes benefits) Mrs/week COST/ WEEK Client Engagement (M-F) Outreach and Engagement $24.50 90 $2,205 Administration Project Management, Supervision, City $46.71 27 $1,261 Engagement, Operations, Finance and Administration Nlater7als.andSuppiies Cost/employee/week. Employees C05T/WEEK Materials and Supplies Uniform, copies, forms, office space, $23,07 3 $69 furniture, utilities, office supplies, etc. Equipment Phone, computer (hardware and software) $30.60 3 $92 and equipment Software License Client Management Software $24.75 3 $74 Client Expenses CC!ST/WEEK.. Client Expenses Relocations (Homeward Bound), bridge $354 housing (vouchers), sober livingfees, transitional housing fees, transportation (bus passes, Uber fees, etc.), document fees, work equipment, emergency supplies, etc, Transportation 1 van @ $43/day (includes lease, gas, $215 maintenance and Insurance) Administrative Costs COSTJWEEK Indirect Costs @ 10% $427 TOTAL $4,697 Note For cash flow purposes, City Net requires October's payment up front; amountto be deducted from final invoice 25D-34 EXHIBIT 2 Santa Ana Homeless Services —Street Outreach October 2019 Proposal Budget —November 2019 $26,508 for 2 weeks at $13,254/week Labor Rate/hour (includes benefits) Hrs/week COST/ WEEK Client Engagement (M-F) Outreach and Engagement $24.50 320 $7,840 Administration Project Management, Supervision, Case $46.71 40 $1,868 Management, Housing Navigation, Operations, Finance and Administration Materials and, Supplies Cost/'empioyee/week Employees COSVWEEK.. Materials and Supplies Uniform, copies, forms, office space, $23.07 9 $208 furniture, utilities, office supplies, etc. Equipment Phone, computer (hardware and software) $30.60 9 $275 and equipment Software License Client Management Software $24.75 9 $223 Client Expenses COST%WEt K Client Expenses Relocations (Homeward Bound), bridge $775 housing (vouchers), sober living fees, transitional housing fees, transportation (bus passes, Uber fees, etc.), document fees, work equipment, emergency supplies, etc, Transportation 4 vans @ $43/day (Includes lease, gas, $860 maintenance and insurance) Administrative Costs COST/WEEK. Indirect Costs a@ 10% $1,205 TOTAL $33,254 Note • November rate af$13,254/week ($689,208/year) is expected rate moving forward based on City of Santa Ana's request for 8 FTE street outreach workers, 4 vans, plus staff support and client expenses, • Annual renewals would.require Cost of Living Adjustment tied to local Consumer Price Index. • Sat -Sun staffing available for additional fee: 40 hours (1 team x 2 staff x 2 days x 10 hours) at $36,75/hr. (time and a half overtime rate). 25D-35 25D-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE AN AMENDMENT TO THE MEMORANDOM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE FULL-TIME EMPLOYEES UNIT SERVICES EMPLOYEES INTERNATIONAL UNION LOCAL 721 TO INCLUDE NEW EMPLOYEE ORIENTATIONS IN COMPLIANCE WITH ASSEMBLY BILL 119 {STRATEGIC PLAN NO. 7,6 & 71 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an Amendment to the Memorandum of Understanding (MOU) with the Full -Time Employees' Unit, Service Employees International Union Local 721 (SEIU) for the period of July 1, 2019 through June 30, 2022, regarding new employee orientation in accordance with AB119. DISCUSSION Assembly Bill 119 requires public employers to provide time for a union representative to meet with new employees during their new employee orientation and defines timelines for noticing the union and conducting the orientation. The City and the Full -Time Employees' Unit, Service Employees International Union Local 721 (SEIU) recently completed negotiations to comply with AB119, resulting in an amendment to the Memorandum of Understanding (MOU) (Exhibit 1). The provisions of the amendment include: 1. New Employee Orientation: The agreement provides a thirty (30) minute meeting for an SEIU representative to speak to new employees in accordance with Assembly Bill 119 and allows for new employees and the SEIU representative to be released from their duties to participate in the new employee orientation with no management representative present. City Council approval of this amendment will codify the City's agreement to comply with the State law and facilitate the ability of the employee's exclusive representative to communicate with the public employees it represents. 25E-1 First Amendment to the Agreement with SEIU 2019-2022 December 17, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #7 — Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its success) and Objective #7 (Develop a culture of motivated and innovative leaders in the organization). FISCAL IMPACT There is no fiscal impact associated with this action. Steven V. Pham Executive Director Human Resources Department 1�7i117f�iA�i_1iLa'iL. uP'L�'iiiiiiiL�.y�l�ldl[�I�i���SE%b��Y�►a 25E-2 EXHIBIT I SIDE LETTER #1 TO THE t l iifi+l4:1ki CITY OF SANTA ANA AND FULL-TIME EMPLOYEES UNIT SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 721 Effective December 18, 2019, this Side Letter between the City of Santa Ana ("City") and the full- time employees represented by the Service Employees International Union Local 721 ("Union" or "SEIU") amends Section 17.8 — New Employee Orientations to read as follows: The City shall notify the Union of all new employees entering the bargaining unit and provide the information listed in Section 17.7 on each new employee no later than thirty (30) days of hire or by the first pay period of the month following hire. For the purpose of this section, new employees shall be defined to include any employee whose classification is in the bargaining unit, including but not limited to employees entering the unit through new hire, accretion, promotion, or demotion. Each new employee shall be scheduled to attend an orientation. The City shall provide the Union with no less than ten (10) calendar days' advance written notice of the date, time and location of the orientation. The City may provide shorter notice only in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable. Such notice shall be sent to the Union via an email to membership@seiu721.org, the designated SEIU Worksite Organizer, and the Chapter President. The notice shall also include the new employee's name, employee identification number (if assigned yet), and job title. After receiving notice of each employee orientation, the Union will inform Human Resources as to whether an SEIU representative will or will not attend. If an SEIU representative will not be able to attend the scheduled employee orientation, the Union may deliver union related documents contained within an envelope or welcome packet for each new employee for Human Resources staff to hand to the new employee at the orientation. The City will not discuss or answer questions related to these documents other than to inform the new employee that they are from the union that exclusively represents his/her classification. In addition, the employee will be informed that if he/she has any questions regarding the documents and/or union, he/she should contact his/her Union representative. Page 1 of 2 CITY SEIU 25E-3 If the Union informs the City that an SEIU representative will attend the employee orientation, the City agrees to provide each new employee with up to thirty (30) minutes, while remaining on paid duty time, to meet with his/her union representative during the orientation. No management representative shall be present during the Union's presentation of the employee orientation. In the event the union representative providingthe orientation is an employeeof the City (i.e. Chapter President, union officer, worksite leader, or steward), he/she shall also be provided with up to thirty (30) minutes of paid release time in which to conduct the union's portion of the orientation. No more than one (1) City employee at a time shall be released to conduct the Union's presentation during the orientation. If the City begins to provide an online on -boarding process, the Union shall have the right to incorporate up to a thirty (30) minute video and/or PowerPoint presentation and a link to the SEIU Local 721 website into that online orientation, The Union would still reserve all other rights in this section, including but not limited to the scheduling of an in -person thirty (30) minute meeting with the new employee and his/her union representative while remaining on paid duty time. FOR THE CITY Kristine Ridge City Manager Steven V. Pham Executive Directorof Human Resources FOR SEIU LOCAL 721 -1c /�1= 7 Wendy Thomas SEIU Local 721 Chief Negotiator APPROVED AS TO FORM: r~ Peter J. Brown, Liebert Cassidy Whitmore LEGAL COUNSEL FOR CITY OF SANTA ANA ATTEST: Daisy Gomez, Clerk of the Council Page 2 of 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE A LICENSE AGREEMENT WITH MATCH POINT TENNIS ACADEMY LLC. FOR THE OPERATION AND MAINTENANCE OF THE CABRILLO TENNIS CENTER AND FOR THE OPERATOR TO MAKE CAPITAL IMPROVEMENTS TO THE SITE AND PROVIDE A FEE PAYABLE TO THE CITY STARTING IN 2024 {STRATEGIC PLAN NO. 5,61 /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: F-ITUNT1.07iirs, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1�1��►U1�1:3ga RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with Match Point Tennis Academy, LLC. for the operation and maintenance of the Cabrillo Tennis Center for a 15-year term from January 1, 2020 to December 31, 2034 and for the operator to make capital improvements to the site and provide a fee payable to the City starting in 2024 that will be deposited in the General Fund, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On September 10, 2019, the City issued a Request for Proposals (RFP) to invite qualified and experienced tennis facility operators to submit proposals for the operation, maintenance, management and capital improvements for the Cabrillo Tennis Center. In preparing the RFP, the City staff reviewed the existing scope of the agreement and modified the Operator's responsibilities to include the operation, maintenance, management, and construction of two -clay tennis courts. The modification allows the operator to control and utilize the entire site for their operations. In exchange for the substantial investment by the operator, a long-term license agreement (Exhibit 1) will help recover the return on their investment. PlanetBids.com is the website the City uses to post RFPs to solicit proposals from vendors. There were 15 vendors notified of the project, 11 vendors downloaded the documents, and the City received one proposal. An evaluation committee consisting of representatives from the City reviewed and rated the proposal according to the criteria listed in the RFP. Based upon the proposal, the review panel selected Match Point Tennis Academy, LLC for contract award. Match Point Tennis Academy, LLC is the existing operator that holds the license agreement for the management and operation of the Cabrillo Tennis Center. As a longtime partner with the City since 2007, Match Point Tennis 25F-1 Approve a License Agreement with Match Point Tennis Academy, LLC. December 17, 2019 Page 2 Academy, LLC has provided professionally reputable programs recognized for its success in player development. Academy students are now playing professionally while continuing to elevate their game at this facility. Through its management of the tennis center, Match Point Tennis Academy, LLC has established a welcoming environment for all to learn and develop their skills while remaining active. The personal and financial investment provided by Match Point proprietor and staff are a testament to their commitment to serve the Santa Ana community and to those who travel to learn and play here. The salient terms of the agreement are as follows: 1 5-year agreement Two clay tennis courts completed before the end 2020 (Exhibit 2) and a center court in Year four Install fence around the club, change lighting to LED for entire complex, and install two new air conditioning units Provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa Ana to participate in the Player Development Tennis Academy Charges for use of the courts shall include discounts for Santa Ana residents No license fee the first four years of agreement $2,000 per month for years five through ten $2,000 per month for years 11 through 15 with profit sharing - 10 percent of net profits Approval of this agreement will be a benefit to the City (reduction in City expenditures, revenue generation, and site improvements), to the public (scholarships, new courts, and other facility improvements) and to the operator (opportunity to expand services to additional people). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There is no direct fiscal impact to the City for years 1-4 of the agreement. The City will have savings throughout the term of the agreement from the reduction in maintenance costs, which will become part of the cost of operations to Match Point Tennis Academy, LLC. Fiscal Year Accounting Unit -Account # Fund Description Accounting Unit, Account Description Amount Starting in 01113002-53318 General Fund PRCSA-Revenues, $2,000/month January of Tennis Reservations FY 23-24 Starting in 01113002-53318 General Fund PRCSA-Revenues, $2,000/month + January of Tennis Reservations 10% Net Profits FY 29-30 25F-2 Approve a License Agreement with Match Point Tennis Academy, LLC. December 17, 2019 Page 3 Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency Exhibits: 1. Agreement 2. Concept Plan for New Tennis Courts APPROVED AS TO FUNDS AND ACCOUNT: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 25F-3 Exhibit 7 AGREEMENT FOR THE MANAGEMENT, OPERATION, AND MAINTENANCE OF THE CABRILLO TENNIS CENTER THIS AGREEMENT, made and entered into this 17th day of December, 2019, BY AND BETWEEN AND RECITALS City of Santa Ana, a charter City and Municipal Corporation, duly organized and exiting under the Constitution and laws of the State of California, hereinafter referred to as "City" Matchpoint Tennis Academy LLC. A California Limited Liability Company hereinafter referred to as "Operator." A. City owns Cabrillo Park and the Cabrillo Tennis Center located at 800 N. Cabrillo Park Drive, Santa Ana, California. The facilities includes nine (9) lighted tennis courts, one (1) clay tennis court, the Twist -Basler House, and a small tennis clubhouse complete with locker rooms and showers for players and business invitees, as herein described and shown in general on Exhibit A, attached hereto and incorporated herein ("the Facilities"). B. The use granted hereunder provides for the operation, maintenance of the clubhouse, tennis courts, collection of fees, provision of tennis lessons to the public, selling of pre -packaged food items and non-alcoholic beverages, and containing appropriate controls to ensure public use of the Facilities is consistent with said purposes. C. City and Operator agree that the primary objective for Operator's performance under this Agreement is to maximize the public use of the Facilities and the revenue to be received by the City as a result thereof. D. Operator has been operating the Tennis Center since 2008. In 2019, City issued a Request for Proposals ("RFP") to operate the Tennis Center. Operator was selected as the most cost-effective and responsive proposal. #20089v2 250-4 Exhibit 7 NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all terms and conditions hereof, the parties agree as follows: 1.0 USE GRANTED. 1.1 Use. Operator is hereby authorized and required to manage, operate and maintain a Tennis Facility, and conduct activities including but not limited to: scheduling of tennis court use; tennis lessons and tennis tournaments; participation in community outreach to further the interest in the playing of tennis at discounted or free programs and/or clinics; selling, purchasing, storing and repairing tennis related merchandise and equipment; selling of pre -packaged foods and non-alcoholic beverages from within the interior of the club house. Operator will have the use of the entire building known as the Twist -Basler House. 1.2 Pro Shop and Food and Beverages. Operator may operate a pro shop on the Facilities. Operator may also sell food and beverages. Except as noted in paragraph 1.4 below, the storage and/or sale of tobacco, alcoholic beverages and sexual products is expressly prohibited. 1.2.1 Quality of Food and Non -Alcoholic Beverages. All prepackaged foods and beverages sold or kept for sale shall conform to the Federal, State, and County food laws, ordinances and regulations in all respects. No adulterated, misbranded or impure articles shall be sold or kept for sale by Operator and all merchandise kept on hand by Operator shall be stored and handled with due regard for sanitation. 1.3 Staffing of Facilities. Operator shall maintain staffing levels sufficient to comply with its responsibilities under this Agreement. The Facilities shall be staffed by Operator at all times during Operating Hours. Proposed operating Hours shall be submitted to the City annually for approval. Operator shall be responsible for supervision of the entire Facilities, including, but not limited to, tennis courts, clubhouse, locker rooms and showers, Twist -Basler House and parking lot(s). Operator shall also be responsible for enforcement of safety practices and regulations. 1.4 Special Events and Rental of Facilities. Operator agrees that it will not use, or rent, the Facilities for special events of any kind without first seeking prior written approval from the Executive Director. To the extent that Operator desires to provide alcoholic beverages at any of its events, it must first seek and obtain City approval as well as any necessary permits, licenses or other approvals. As a condition to renting the Facilities, or any portion thereof, the Operator shall first provide the City with proof of insurance naming Operator and the City of Santa Ana as additional insureds and the insurance coverage shall comply with the Insurance provisions in Section 7 hereof. #20089v2 25�-5 Exhibit 1 1.5 Fees for Use of Facilities. Operator shall be allowed to establish fees for use of facilities. These fees shall be subject to the approval of the City, Parks, Recreation and Community Services Executive Director and listed in the City's Resolution of fees which is published with the annual budget. Any change in the fee structure will only be permitted with the prior written approval of the Executive Director and in compliance with any applicable law. 1.6 Application. This Agreement only pertains to the tennis courts existing at the time of execution and the tennis courts built as specified by this Agreement. 1.7 Priority Use. Operator agrees to give Santa Ana residents priority reservations and also priority for participation in the Jr. Academy. 1.8 Operator's Equipment and Personal Property. Operator shall hold title only to Operator's equipment or personal property placed on the Facilities by Operator. All of Operator's equipment or personal property shall remain the property of Operator and are not fixtures. Operator has the right to remove all of Operator's equipment or personal property at its sole cost and expense on or before the expiration or termination of this Agreement; provided that such removal shall be done in a professional and careful manner, without interference or damage to any other equipment, structures or operations on the Facilities, including the use of the Facilities by City or any of City's employees, agents, or assignees. 1.9 Scholarships. In consideration for the use granted herein, Operator agrees to provide ten (10) tennis scholarships to qualifying youth residents of the City of Santa Ana to participate in the Operator's Player Development Tennis Academy. 2.0 TERM OF AGREEMENT. The term this Agreement (the "Term") shall be fifteen (15) years. The Term shall commence on January 1, 2020 and shall expire on December 31, 2034, if not terminated earlier pursuant to the terms of this Agreement. Earlier termination of this Agreement shall be in conformance with Sections 9 and 10 below. 3.0 CONSIDERATION. 3.1 From January 1, 2020 to December 31, 2023, Operator will not pay any fees to City. Operator will instead make Improvements to the Facilities as specified in Section 4.0 of this Agreement. 3.2 Starting January 1, 2024 and continuing until December 31, 2029, in consideration for the use granted herein, Operator shall pay to City as compensation for use of and right to operate the Facilities the amount of Two Thousand Dollars ($2,000.00) per month. 3.3 Compensation will be due as specified after execution of this Agreement and thereafter on or before the 10`h day of each succeeding month, payable to "The City of Santa Ana" and remitted to: The City of Santa Ana, Finance and Management Services, Attention: Executive Director of Finance Department, 20 Civic Center Plaza, City Hall, First Floor, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be #20089v2 250-6 Exhibit 7 applied after any payment hereunder is due but unpaid. In addition, one and a half percent (1 %%) interest per month shall be added for each month that payment hereunder is due but unpaid. For any check that is returned for non -sufficient funds, for any reason, Operator shall pay the City an additional Twenty -Five Dollar ($25.00) service fee. 3.4 Starting January 1, 2030 and continuing through December 31, 2034, Operator shall continue to pay Two Thousand Dollars ($2,000.00) per month plus an additional ten percent (10%) of the net operating profits for the month as specified in Section 3.3 above. After an annual audit is performed, if findings determine that the 10% requirement was not met, the Operator shall make a payment to the City of the of the amount needed to meet the 10% requirement within 30 days of the audit report. If findings determine that an overpayment was made a credit will be applied to the following month's payment due to the City. 4.0 IMPROVEMENTS TO THE FACILITIES 4.1 Operator shall, in connection with its maintenance responsibilities, cause two (2) clay tennis courts to be installed at the Facilities in a location determined by the City. The two clay tennis courts shall be completed and operational no later than December 31, 2020. All costs associated with construction of the two clay tennis courts shall be paid by Operator. 4.2 Operator shall, in connection with its maintenance responsibilities, cause one center tennis court to be installed at the Facilities in a location determined by the City. The one center tennis court shall be completed and operational no later than December 31, 2023. All costs associated with construction of the one center tennis court shall be paid by Operator. 4.3 Operator shall, in connection with its maintenance responsibilities, cause a fence to be installed round the entire Facilities. City will have final approval of the location, material and design of the fence. The fence will be completed no later than December 31, 2023. 4.4 Operator shall, in connection with its maintenance responsibilities, cause all of the lighting at the Facilities to be retrofitted with LED lighting. The City will have final approval of the design, specifications and placement of all lighting. Operator shall be responsible for all costs associated with the replacement of the lighting at the Facilities. The lighting shall be replaced at the Facilities no later than December 31, 2023. 4.5 Operator shall, in connection with its maintenance responsibilities, cause the Facilities' two (2) air conditioning units to be replaced. The City will have final approval of the design, specifications and placement of the two air conditioning units. Operator shall be responsible for all costs associated with the replacement of the two air conditioning units at the Facilities. The two air conditioning units shall be replaced no later than December 31, 2023. #20089v2 250-7 Exhibit 7 5.0 OPERATIONAL RESPONSIBILITIES 5.1 Accounting. Operator shall collect all fees as indicated herein and agrees that it will provide the City with an annual accounting, thirty (30) days after the end of each contract year showing the amount of fees collected per calendar year and the Facilities gross revenue per month for the calendar year. Operator will also provide the City with data showing the breakdown between residents and non-residents using the Facilities, thirty (30) days after the end of each contract year. City may request detailed financial statements, including balance sheets, profit and loss, or income statements to support the accounting and Operator shall provide such documentation within ten (10) days of City's request. 5.2 Audit. Annually, Operator shall hire a certified public accountant to conduct an audit their financial statements for the tennis center and provide that audit to the City within sixty (60) days of their operating yearend. City will have the right but not the obligation to hire a certified accountant to conduct an annual audit of the Facilities financial statements including balance sheets, profits and losses and income and bank statements. 5.3 Quality of Service. Service to the public is of prime concern to City and part of the consideration for this Agreement. Therefore, Operator agrees to manage, operate and conduct its operation in a first-class manner, providing similar activities, programs and services. Operator, following receipt of written notification therefore, shall immediately withdraw or remove from sale any goods, services, and/or merchandise which may be found objectionable to the Executive Director based on findings that the provision of such terms are not in the best interest of the public welfare. 5.4 Compliance with Laws, Rules and Regulations. Operator shall conform to and abide by all municipal and City ordinances, and all State and Federal laws and regulations, insofar as the same or any of them are applicable; and where permits and/or licenses are required for the Agreement, any related activity, and/or construction authorized herein, the same must be first obtained from the regulatory agency having jurisdiction thereover. Further, Operator shall conform to and abide by all rules and regulations and policies of the City Council, the Executive Director of the Parks, and any other City departments insofar as the same or any of them are applicable. 5.5 Disorderly Persons. Operator shall use its best efforts to permit no intoxicated person or persons, profane or indecent language, or boisterous or loud conduct in or about the demised premises and, if necessary, will call upon the aid of peace officers to assist in maintaining peaceful conditions. 5.6 Illegal Activities. Operator shall not knowingly allow the use or possession of illegal drugs, narcotics, or controlled substances on the Facilities or any other activities that are prohibited by City ordinances or other applicable regulations. #20089v2 250-8 Exhibit 7 5.7 Security Devices. Operator, at its own expense, may provide any legal devices or equipment and the installation thereof, designated for protecting the Facilities from theft, burglary or vandalism, provided written approval for the installation thereof is first obtained from the Executive Director. 5.8 Signs. Operator shall be allowed to put informational or program signs inside the club's/court's fences 5.9 Safety. Operator shall immediately correct any unsafe condition of the Facilities, as well as any unsafe practices occurring thereon. Operator shall obtain emergency medical care for any member of the public who is in need thereof, because of illness or injury occurring on the Facilities. Operator shall cooperate fully with City in the investigation of any accidental injury or death occurring on the concession premises, including a prompt report thereof to the Executive Director. Operator shall cooperate and comply fully with County, State, municipal, federal or any other regulatory agency having jurisdiction thereover, regarding any safety inspections and certifications of any and all Operator's structures, enclosures, vehicles, and equipment on the Facilities. 5.10 Inclement Weather. Operator shall make an assessment of the Facilities to determine if it safe for use by the public. In regard to the courts being out of operation whenever play must be temporarily suspended on the facility due to inclement weather conditions, the decision on when to allow play to resume will be made by the Operator. 5.11 Sanitation. No offensive matter or refuse, or substance constituting an unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Facilities. Operator shall provide that all refuse is collected as often as necessary, and in no case less than once a week, and shall pay all charges, which may be made for the removal thereof. Operator shall furnish all equipment and materials necessary, including trash receptacles of the size, type, color and number required by the Executive Director, to maintain the demised premises in a sanitary condition. 5.12 Equal Opportunity. Operator shall strive to balance the number of boys and girls participating in each of its programs. Equal opportunity shall be given to both boys and girls to participate in try -outs, clinics, tournaments, academies and any other programs that Operator provides. 5.13 Trade Fixtures. Operator shall provide and install all appliances, furniture, fixtures and equipment that are required for the tennis concession. Prior to taking possession of the tennis concession, Operator and City shall take an inventory of its own equipment. Operator shall provide a copy of the Operator inventory for review and approval. During the last thirty (30) days preceding the termination of this Agreement, the City and Operator will conduct a walk-through of the Facilities with the inventory checklist to ensure that all parties are in agreement of the ownership of trade fixtures and equipment belonging to each party. Operator shall remove all personal items identified on the checklist from the Facilities, other than for those items of personality, which have N20089v2 6 25F-9 Exhibit 7 been furnished by the City or so affixed that their removal therefrom cannot be accomplished without damage to the realty. Should Operator fail to so remove said appliances, furniture, fixtures, equipment, door locks and padlocks within said thirty (30) day period, Operator shall lose all right, title and interest in and thereto, and City may elect to keep same upon the premises or to sell, remove or demolish same. Operator shall reimburse City for any and all costs, as determined by the Executive Director, incurred in excess of any consideration received from the sale, removal or demolition thereof. 5.14 Alteration of the Facilities. Operator agrees all changes or modifications to any of the Facilities requires prior written approval of the Executive Director. All requests for such changes or modifications shall be submitted by Operator to City by utilizing its current Field/Facility Modification Request process, and City reserves the right to approve or deny such requests. A copy of the City's current Field/Facility Modification Request process form is attached hereto as Exhibit C. 6.0 OPERATOR RESPONSIBILITIES 6.1 Operator, at its own expense, shall be responsible for maintaining all repairs to and replacement of all improvements and equipment thereof in good and substantial condition, including the painting thereof upon written request by the Executive Director. Operator shall, in a timely manner, perform all repairs as required for the maintenance thereof and in compliance with all laws applicable thereto including but not limited to: Twist -Basler House and Small Clubhouse • Daily maintenance of the pro shop interior & locker rooms. • Painting of interior walls of the pro shop as needed or at Director's request • Replacement of interior/exterior light bulbs of the pro shop as needed or at Director's request. • Replace broken window glass. • Repair and/or replace carpeting and/or tiles. • Repair and/or replace broken or damaged doors. • Repair plumbing and lighting fixtures inside the pro shop as needed or at Director's request. • Custodial services for the Facilities. • Payment of other utilities not listed herein, including payment of telephone and cable charges. Restroom • Daily visual inspection of restroom supplies and provide general cleanliness. • Replenish restroom supplies as provided by the City. Tennis Courts • Sweeping and/or blow cleaning of all courts and concrete walkways daily and/or as needed. #20089v2 25F'-10 Exhibit 7 • Repair and/or replace tennis nets, net cables, net headbands, ball machines and center straps as needed or at Director's request. • Repair and/or replace tennis court umpire seats and court -side spectator benches as needed or at Director's request. • Litter controls twice a day or more frequently if needed. • Repair the Public Address system as needed or at Director's request • Repair Windscreens. • Perform the specialized maintenance that the clay tennis court requires pertaining to the water levels and grooming that are required per the instructions set forth in Exhibit B, attached hereto and incorporated herein. • Report to Director any tennis court light bulbs that need to be replaced. • Provide tennis court light bulbs to the Director who will replace the burned out or broken light bulbs. • Provide Resurfacing/Maintenance. Operator shall re -surface and maintain the nine (9) existing courts as often as necessary to assure high quality tennis court surfaces at all times. • Minimize the impact of cracks on tennis play by means of epoxy and/or other means technological products used to level surface, but shall not be responsible for a major capital court surface replacement. • Clay Court Maintenance. Operator shall perform Daily inspection and maintenance of the clay court in accordance and compliance with the Har-Tru specifications attached hereto and incorporated herein as Exhibit B. Maintenance shall include daily litter/debris removal, weed removal, grooming with Aussie Clean Sweep and Line Sweeper, tape and nail inspection/repair. Courts and line tape shall be swept between each reservation. Operator shall monitor the hydration system to ensure sufficient moisture is evenly distributed throughout the court. Once a month (or more frequently depending on use) the clay court shall be scarified with Har-Tru Gator rake and steel Bristle Drag Brush. The clay court shall be rolled as necessary to obtain an even level surface. The other items such as nets, windscreen, fencing etc. shall be maintained up to the same level as the other concrete tennis courts. (See attached Exhibit B for equipment description, maintenance detail and rolling technique). 6.2 Damage, Destruction or Vandalism of Facilities. In the event of damage, destruction or vandalism by third parties of any of the Facilities, Operator shall repair or rebuild the same as soon as reasonably possible, except in any of the following circumstances: (a) Operator reasonably determines that the repair or rebuilding cost exceeds the sum of the proceeds available from the applicable insurance carried pursuant to this Agreement and any related deductible amounts; (b) the damage or destruction occurs within the last four (4) months of the Term. If any of the foregoing circumstances exist, then the Operator may, not later than thirty (30) days after the date of said damage or destruction, notify the City of the Operator's intent not to repair or rebuild the #20089v2 25F811 Exhibit 7 damaged or destroyed Facility. If the Operator so notifies the City, then this Agreement shall immediately terminate. Operator and City agree that if the cost of repair is less than $3,000.00, Operator will be solely responsible for the repairs. In the event that the cost of repairs is over $3,000.00, the City and Operator will share in the cost of repairs. The percentage of shared cost will be on a case -by -case basis, based on the cause and extent of the damage. All maintenance/repair shall commence within thirty (30) days of the need thereof and diligently prosecuted to completion of same, except where the state of disrepair is such that an emergency or hazard is created thereby in which event there shall be an immediate correction thereof. 7.0 CITY RESPONSIBILITIES 7.1 City's Right to Enter. The Executive Director and City staff shall have the right to enter the Facilities at all times for the purpose of inspection, evaluation, and observation of Operator's operation. During these inspections, they shall have the right to photograph, film, or otherwise record conditions and events taking place upon the Facilities. Inspections may be made for the purposes set forth below, and for any other lawful purpose for which the City or another governmental entity with jurisdiction is authorized to perform inspections of the Facilities: • To determine if the terms and conditions of the Agreement are being complied with. • To observe transactions between the Operator and patrons in order to evaluate the quality and quantities of services provided or items sold or dispensed. 7.1.1 Should Operator, after ten (10) day notice from City of the need thereof, fail to perform its maintenance service obligations required herein, City in addition to all other available remedies may, but shall not be obligated to, exercise its Right of Entry as provided herein. City may enter upon the Facilities and perform perform Operator's failed obligations and Operator shall forthwith on demand reimburse City for its costs so incurred including direct and indirect overhead costs as determined by the Executive Director. 8.0 INSURANCE AND INDEMNIFICATION 8.1 INSURANCE COVERAGE. A. Commercial General Liability. In addition to the Operator's covenant to indemnify and hold harmless City, Operator shall obtain and furnish to City, a policy of general public liability insurance, commercial general liability insurance covering the #20089v2 25F912 Exhibit 7 Facilities and Operator's property. The policy shall indemnify Operator and City, their officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Facilities and Operator's property, and shall provide coverage in not less than the following amount: combined single limit bodily injury, personal injury and property damage, liability, of at least $1,000,000 per occurrence. B. Live Scan/Background Clearance. To maintain a safe environment, Operator will be held accountable for conducting background clearance (live -scan) for all staff working at the facilities. C. Workers Compensation and Employers' Liability. Workers Compensation and Employers' Liability insurance or qualified self-insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. D. Additional Insured Endorsement. The City also requires an Additional Insured Endorsement, in substantially the same form as Exhibit D. The policy shall name City, its agents, officers, employees and volunteers as Additional Insureds, and shall specifically provide that any City insurance coverage which may be applicable to the Facilities and Operator's Facilities shall be deemed excess coverage and that Operator's insurance shall be primary. Operator is required to give the City no less than thirty (30) days' notice of cancellation or reduction in coverage. No cancellation provision in any insurance policy shall be construed in derogation of the continuous duty of Operator to furnish insurance during the term of this Agreement. E. Provision of Policies. Prior to execution of this Agreement, Operator shall furnish to City certificates of insurance and additional insured endorsements to each of Operator's insurance policies, on a form approved by the City Attorney, evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: i. Provide the name and policy number of each carrier and policy; ii. State that the policy is currently in force; and iii. Promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of City; and iv. Operator shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. v. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Operator shall provide within fifteen (15) days of City's request. #20089v2 250013 Exhibit 7 8.2 INDEMNIFICATION 8.2.1 Indemnification, Defense, Hold Harmless. Operator shall protect, defend, indemnify and save and hold harmless City, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation costs and fees of litigation of any nature) arising out of or in connection with Operator's performance of this Agreement or Operator's failure to comply with any of Operator's obligations contained in this Agreement by Operator, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. In the event City is named as codefendant, Operator shall notify City of such fact and shall represent City in such legal action unless City undertakes to represent itself in such legal action. Operator further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 8.2.2 Indemnification Regarding Hazardous Material. Operator covenants and agrees to indemnify City from and against any contamination of the Facilities with Hazardous Materials by Operator occurring after commencement of this Operator Agreement. Operator further agrees to defend and hold harmless the City from and against any and all actions, agreements, attorneys' fees, causes of action, claims, contracts, costs, covenants, damages, debts, demands, expenses, judgments, lawsuits, liabilities, liens, losses, obligations, and orders which arise during or after the term of this Agreement related to the existence of Hazardous Materials (from whatever cause) on the Facilities or in the groundwater on or under the Facilities except for: (1) the cost of any remediation of Hazardous Materials deposited in the soils of the Facilities by the City or its employees, agents and contractors, and, (2) any third party personal injury actions which allege exposure to such undiscovered Hazardous Materials as a result of use of the Facilities in a City -sponsored program, or third party activity scheduled by the City. This indemnification includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state, or local governmental agency or political subdivision because of Hazardous Material present in the soil or groundwater on or under the Facilities. As used herein, the term "Hazardous Material" shall be interpreted broadly to means any hazardous or toxic substance, material, or waste that now is or hereafter becomes regulated by any local governmental authority, the State of California or the United States Government. 9.0 NOTICES. #20089v2 250114 Exhibit 7 All written notices required to be given pursuant to the terms hereof shall be either (i) personally delivered, (ii) deposited in the United States express mail or first class mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by overnight courier service, or (iv) delivered by facsimile, provided that the original of such facsimile notice, is sent by certified U.S. mail, postage prepaid, no later than one business day following such facsimile. All such notices shall be deemed delivered upon actual receipt (or upon the first attempt at delivery pursuant to the methods specified in clauses (i), (ii) or (iii) above if the intended recipient refuses to accept delivery). All such notices shall be delivered to the following addresses, or to such other address as the receiving party may from time to time specify by written notice to the other party: To Operator: Match Point Tennis Academy 13561 Sussex Place Santa Ana, CA 92705 Telephone No.: (714) 724-9407 To the City: With a copy to: Clerk of the City Council City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza 20 Civic Center Plaza (M-29) Santa Ana, California 92701 P.O. Box 1988 Santa Ana, California 92701 Telephone No.: (714) 647-6520 Fax No.: (714) 647-6956 Telephone No.: (714) 647-5201 Fax No.: (714) 647-6515 Executive Director of the Parks, Recreation & Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-23) Santa Ana, CA 92702 Fax No. (714) 647-4211 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 10.0 TERMINATION. #20089v2 25�� 15 Exhibit 7 10.1 Termination. This Agreement is subject to termination for a material breach of the Agreement by either Party subject to the cure provisions set forth in this Section of the Agreement. If either Party determines that a Material Breach of the Agreement has occurred, it will give the other Party written notice of the Material Breach no later than five (5) calendar days after the Party knows or through reasonable inquiry should have known about the occurrence of the Material Breach. 10.2 Material Default by Operator. Any of the following constitute a material default of the Agreement: A. Operator ceases operation of the Facilities; B. Operator transfers or attempts to transfer any rights or interest in the Facilities in any fashion without the City's consent; C. Operator fails to comply with any of the terms of this Agreement; D. Operator elects not to repair Facilities as provided for in Section 6.3; E. Failure to construct the Improvements within the time period agreed upon by the Parties; and F. Failure to pay the agreed upon monthly lease costs or the gross sales amount. 10.3 Material Default by the City. Any of the following constitute a material default of the Agreement: A. City sells the property; B. City takes action inconsistent with Operator's rights to operate the Tennis Center under this Agreement; C. Through no fault of Operator, the Facilities are destroyed or damaged to the extent that they cannot be operated pursuant to the terms of this Agreement. 10.4 Right to Cure. The parties shall have ten (10) calendar days from the date that notice of the material breach is received to cure any material defect. 10.5 Surrender of Premises. Upon the expiration or termination of this Agreement, Operator shall peaceably vacate the Facilities and any and all improvements located thereon and deliver up the same to City in a reasonably good condition ordinary wear and tear excepted. #20089v2 250316 Exhibit 7 11.0 REMEDIES. In event of Operator's breach, default, abandonment or insolvency, City may: A. Continue this Agreement in effect by not terminating Operator's right to the Facilities, in which event City shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the compensation/consideration specified in this Agreement as it becomes due under this Agreement; or B. Terminate this Agreement and recover from Operator any amount necessary to compensate City for all detriment proximately caused by Operator's failure to perform its obligations under this Agreement; or C. Should Operator default in the performance of any of the terms, conditions, or obligations contained in this Agreement, City may, in addition to the remedies specified in this section of this Agreement, re-enter and regain possession of the Facilities in the manner provided by the laws of the State of California then in effect. D. The insolvency of Operator as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Operator, or the making of a general assignment for the benefit of creditors by Operator, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle City to re-enter and regain possession of the Facilities. 12.0 GENERAL TERMS AND CONDITIONS 12.1 Taxes. The parties agree that if the Facilities are assessed any taxes or similar fees or charges due to the activities of Operator or Operator's permitted users, then Operator shall bear the entire cost of said taxes, assessments, fees or charges. 12.2 Liens. Operator will not permit any mechanics' or materialmen's' or other liens to stand against the Facilities by reason of any use or occupancy by Operator, or any person claiming under Operator. 12.3 Non -Discrimination. Operator shall not discriminate as to the employment of persons relative to the use or operation of the Facilities, nor shall it discriminate as to the persons or entities which may use the Facilities, on the basis of race, color, religion, national origin, ancestry, gender, disability, sexual orientation, or medical condition, in violation of state or federal laws, or on any other basis otherwise prohibited by state or federal law. #20089v2 250-17 Exhibit 7 12.4 Force Majeure. Should the performance of any act required by this Agreement to be performed by either City or Operator be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused, provided, however, that nothing contained in this section shall excuse the prompt payment of compensation by Operator as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or Operator, required to perform the act. 12.5 Access. Each party shall provide access to the Facilities to the other party, and its employees, agents, contractors and subcontractors, twenty-four (24) hours a day, seven (7) days a week. City represents and warrants that it has full rights of ingress and egress to and from the Facilities, and hereby grants such rights to Operator to the extent required to maintain, and operate Operator's program within the Facilities. Operator's exercise of such rights shall not cause undue inconvenience to City. 12.6 Restrictions on Assignment. This Agreement is entered into specifically with the parties in mind. Therefore, neither party shall assign any or all of its rights under this Agreement without the prior written consent of the other party, in its sole and absolute discretion. 12.7 Contract Administrator. The Executive Director of the Parks, Recreation and Community Services Agency, or his/her designee, shall be City's Contract Administrator for this Agreement and all approval and notices required to be given herein shall be so directed and addressed. 12.8 Incorporation of Recitals/Exhibits. All of the recitals and exhibits set forth in or attached to this Agreement are by this reference incorporated in and made a part of this Agreement. 12.9 Construction. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments hereto. 12.10 Governing Law and Venue. This Agreement shall be construed and interpreted in accordance with and shall be governed and enforced in all respects according to the laws of the State of California. If a dispute arises between the Parties, venue shall be proper in Orange County, California. 12.11 Entire Agreement. This Operator Agreement and the Exhibits attached hereto constitute the entire agreement between the City and Operator for the use granted at Cabrillo Tennis Facility for the operation and maintenance of a tennis concession facility. All other agreements, promises and representations with respect thereto, other than contained herein, are expressly revoked, as it has been the intention of the parties to #20089v2 250518 Exhibit 7 provide for a complete integration within the provisions of this document, and the Exhibit(s) attached hereto, the terms, conditions, promises and covenants relating to the operation and maintenance of a tennis concession facility and the Facilities to be used in the conduct thereof. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. 12.12 Captions. Any captions or headings to the sections and subsections in this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of validity of this Agreement or any provision hereof. 12.13 Severability. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable term or provision had never been contained herein. 12.14 Further Assurances. Each party shall cooperate with the other and shall execute such other documents as may be reasonably necessary to carry out the provisions of this Agreement. 12.15 No Waiver. Any waiver, consent or approval by either party of any breach, default or event of default of any provision, condition or covenant of this agreement must be in writing and shall be effective only to the extent set forth in writing. No waiver of any breach, default or event of default shall be deemed a waiver of any later breach, default or event of default of the same or any other provision of this Agreement. Any failure or delay on the part of either party in exercising any power, right or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude any further exercise thereof. 12.16 Cumulative rights and remedies. No right or remedy conferred by any of the specific provisions of this agreement is intended to be exclusive of any other right or remedy given hereunder or hereafter existing at law or in equity. The exercise of any one or more rights or the election of any one or more remedies by any party shall not constitute a waiver of the right to exercise other available rights or pursue other available remedies. In the event suit is brought by either party to enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 12.17 Conflict of Interest. Operator covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12.18 Non -Recording. Neither party shall record this Agreement ##20089v2 25�- Exhibit 7 12.19 Authorization eWarranty. Operator represents and warrants that the signatory to this Agreement is fully authorized to obligate Operator hereunder and that all corporate acts necessary to the execution of this Agreement have been accomplished. IN WITNESS WHEREOF, the parties hereto have caused this Operator Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: Daisy Gomez, CMC Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: Lisa Rudloff, Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Kristine Ridge City Manager #20089v2 17 25F-20 By: ELSON Y)DE CANTUARIA Director Match Point Academy, LLC. Tax ID # —20_ 83 p2 eEcZ Exhibit 7 EXHIBIT A #20089v2 20821 Exhibit 7 EXHIBIT B #20089v2 250923 Exhibit I BASIC TOOLS &. EQUIPMENT Having the correct tools and equipment to maintain your Har-Tru courts is very important in providing a consistent playing surface. The following Is a list of basic tools and equipment that is necessary for a consistent maintenance program. Drag Brunch: Drag Brushes are Important to have on the courts as they provide grooming and keep the surface consistent, Bristles can replaced as they wear without replacing the whole brush. Line Sweepers: Line Masters are a great tool to keep your Har-Tru surface material off of court Imes. Tfke circular brush should be replaced periodically to ensure good consistent brushing. Aussie Clean Sweeps; The Aussies are designed to pick up deirris that falls on the courts such as pine needles, leaves etc. 'The Aussie Is also used in place of brushing when you want a less aggressive surface groom and creates less surface drying, Lutes. Having a couple of lutes available ror use will be necessary when you want to periodically scrape up 11005e land dead material from the courts, In need of a light scarifying and conducting patch and repairs on the surface, Replamthe blades as they wear down and become less agitating to the court. Har-Tru Gator Rakes, Having a Gator Rake on hand will be essential In case s where the surface will need a deeper scarification. -There are hand and tow models available. Steel Bristle Drag Brush. Having a Steel Bristle Drag Brush on hand will also be necessary when you want a less aggressive scarification than with the court rake however using the Steel Bristle Drag Brushes when the surface is too damp will cause surface material to cake on the bristles and drop off, Use the brush when surface is less moist, Rollers; Having a reliable roller will be very important in maintaining Har-Tru tennis courts. Performing preventative maintenance on your equipment will ensure longevity and consistent results. See Owner's Manual for preventative maintenance schedules. 25F-24 Exhibit 7 SPECIALIZED TOOLS & EQUIPMENT Specialized tools may be necessary to complete your arsenal of tools. Knowing what tools are available will help to maintain a high standard In maintenance practices. Court Iwevlis: Har-Tru Court Devils come In 2 different sizes. A tow model and a hand model is available. This equipment is used when a more aggressive surface agitation is needed due to surface over -compaction or weed, algae and moss growth occurs, Hand Rollers: Har-Tru Hand Rollers come In 2 sizes, 24" and 16". Both rollers can be filled with water for added weight. These court rollers are perfect for touch-up work around court edges and patching low spots. Spreaders: Tru-Flow Spreaders and Top -Dressers com in 3 different sizes, 24", 36" & 54 These spreaders car be used when annual Cop -dressing occurs or whenever the need to drop Har-Tru surface material consistently. Line Scrub: The Har-Tru Line Scrub is a great tool for cleaning court lines when a more aggressive brushing is necessary. Power Rollers: I'lar-Tru Power Rollers come in a variety of forms. Court Pac, Court Pac Pro and Tow Rollers make rolling Har-Tru tennis courts safe, fast and easy. Choose Har-Tru brand equipment for all of your maintenance needs. 25F-25 Exhibit I COURT EQUIPMENT Inspect condltlon of the following equipment; Euuipment ( Center Strap Anchors Center Straps and Hooks Court Numbers Dra Brushes Line Scrub _ _..—. Line sweepers _,.• f....._. Llne Tapes Lute Scariflers Nets Net Posts Net Post Reels 'hollers Roller Gnashes Roller Scrapers Tennle Terra -Ste __ _ Tidi-Court _ _ Y Windscreens Fasteners _ Ty -Wraps Plastic Snaps__..., 25F-26 Exhibit I DAILY MAINTENANCE MORNING 1. Inspect Har-Tru surface for minor scuffing, If baseline areas require divot repair, lute and redress as necessary. 2. Remove any weed growth problems and foreign debris from the surface. 3, inspect tapes and nails for lifting of shifting, 4. Groum surface with an Aussie Clean Sweep, Court Rake or a Drag Brush, Make wide turns with the Drag Brush to ayold accumulation of Har-Tru material. The Aussie Clean Sweep serves a dual purpose; as a smoothlnp/leveling tool (with teeth in the uli position) and a debris remover (with teeth In the down posltlon), 5. Sweep the line tapes. Ensure the line tape area beneath the net has been swept. Use a Line Scrub to remove surface material that adheres to tho line tape. G. Roil the surface If necessary. Make wide turns, Avoid twisting and turning motions that cause surface damage, 7. Sweep the tape lines after tine surface has been rolled for a cleaner looking line (optional), S. Ensure that the net and center strap is set correctly. 9, Clean benches, coolers, cooler stands, ect. If these items are kept on -court during the season, move them and groom the surface below orr a regular basis. 10, Wash out the Tennle Two -Step on a daily basis If possible. I I.Inspect windscreens. 12.Ensure Line Sweeper, Aussie Clean Sweep, Court Rake and Drag Brush are stored properly and do not pose a hazard to players. MID -DAY Mid -day maintenance keeps the court looking and playing as well during late afternoon as It plays in the morning. The ideal situation wfuld be for maintenance time to be scheduled so courts could be brushed, lines swept and the surface watered properly. The moisture level In the court profile should remain adequate until the next maintenance period, EVENING Adequate brushing and thorough watering will ensure quality playing conditions the following day, L Brush In alternate directions, particularly around baseline areas to smooth surface prior to watering. Alternate direction of brushing on a nightly basis, 2. Water the court in a "cycling method" to accomplish a thorough watering cluring the course of.an evening with as little run-off of water as possible. Proper timing or watering cycles is best determined by observation. The ideal situation would be For the court profile to retain adequate moisture until the next maintenance period. 25F-27 TECHNIME-EDR." l iS_.�pNT{N�S(7 S" f Qf.LING Ex®molo of rolling stoverAl courts without removing nets. Om 25F-28 Exhibit I PERIODIC MAINTENANCE 1. Inspect court surface rnaterial for any build-up to be removed; particularly along the net line. 2. Inspect the court surface for weed growth. Algae control is best achieved by following these guideliizes: a. Agitate low traffic areas on the court periodically. Use the Court Rake, Lute/Scarifier, Steel Bristle Drag Brush, Court Devil or the Lee Tow Scarifier, b. Stay on. top of growth problems by regular observation and ' preventive maintenance practices such as frequent surface agitation. c. Consult your local county agricultural cooperative extension agent prior to the purchase and application of any chemicals. d. Always read the entire chernical label and follow any safety precautions prlor to application. 3. Perlodic leveling/smoothing of the court surface may be required, particularly In areas of heavy play. The best time of the day for smoothing the surface Is during the afternoon when the surface is drier, just before turning on the watering cycle. Use a regular or Steel Gristle Drag Brush. 4. Periodic observation of the Irrigation heads while Irrigation system Is running is the best preventive measure to ensure thorough and even water distribution. 25F-29 Exhibit 7 Freeze/Thaw Effect of Har-Tru Courts Frost occurs in the Neer-Tru clay court surface profile when water in the surface rreezes. Depending on the extent of the freezing woather, front may extend through the entire V thickness or Har-Tru, When sunlight snd higher temperature reach the frozen surface the following morning, these ice crystals will begin to melt from the top of Uie surface downward through the profile. it may take several hours for all ice crystals to melt in the profile. While these Ice crystals are melting, water will form on top of the surface and form puddles until the entire surface belovd begins to thaw. Once the profile. has thawed completely the water will draln through the profile, Until the entire profile has thawed and the water has drained back down into the profile, the surface may be too wet for maintenance practice s and for tennis play. We recommend everyone stay off the surface until it is playable and workable since any traffic on a wet surface may compromise the duality of thet surface. If players or court maintenance staff enters the playing area before, this drying cycle is complete, minor damage to the surface can occur. To repair the indentatians (footprints, roger marks, etc.) caused by entering the playing area too q&kly, use standard patching techniques or call Har- Tru Sports or your local Mar-'rru Clay Court material distributor for guidance. 25F-30 Exhibit I END OF SEASON MAINTENANCE 1. Tennis Nets: Remove and attach a tag noting any repairs needed. 2. Windscreens: Inspect for needed repairs, label for easy relocation next season and fold neatly for storage in a plastic bag. Walt until the windscreen is dry (afternoon) before removing. Fence maintenance during the "off-season" can he accomplished much easier without the windscreens hanging on the fence. 3. Net posts: Remove and Inspect 'or repairs, 4. Cover net posthoies to prevent water, surface material and debris from entering during the off-season. S. Remove the tapes and nails. Ensure all nails have been removed from the court surface. i. Caolers; Wash inside and out. Repair spouts if necessary. 7. Benches: Wash, repair and paint If necessary, S. Line Sweepers, Drag Brushes and other accessories: Wash clean, inspect i'or repairs and hang properly to protect the bristles. g. Roller: Consult owner's manual for groper servicing. 10.Aussle Clean Sweep: Wash clean, Inspect for repairs and hang to protect rubber matting. END OF SEASON MAR-TRU SURFACE MAINTENANCE 1, Brush and roll repeatedly to rill in and compact old nall holes. 2. Covering court surface with a nylon reinforced plastic cover for the winter months reduces the amount of reconditioning required the fotlowtnq staring, 25F-31 Exhibit I FAIL SURFACE RECONDITIONING Fall surface reconditioning is increasing in popularity because the tennis courts can be opened earlier in the spring when demand for play Is strong and time available for reconclitioning Is shoji:, particularly during a wet spring. The maintenance staff is under less time constraint In the fall, allowing for better quality control In providing a superior playing surface. More time Is available for other important (and often postponed) spring maintenance duties around the tennis court, Fall weather patters are more stable & predictable for reconditioning. Initial expense to purchase a tennis court cover is justified conslderind the life of the cover, benefits to the players and increased productivity of the maintenance staff, WINTERIZING THE IRRIGATION SYSTEM 1. Turn off main water supply, 2, Ensure manual valves at base of sprinkler heads are open. 3, With an air compressor, blow out the Irrigation lines by activating each zone separately for approximately 5 minutes, do not exceed 60 psi. Open each zone valve box cover and Inspect valves for any needed repairs while the system Is tieing blown out, 4. Repeat step 3 until all water has been blown through the system, 5. Remove any debris from Inside the valve boxes, 6. Replace valve box lids, 7. Note any repairs or Improvements needed for the system before the next season CONTINUING EDUCATION Several educational aids are available for staff training; the General Maintenance Outline for Har•Tru Tennis Courts, the Maintenance Video, the maintenance DVD and other resources, Visit our web-slte at www.har-tru,com for additional Information. These products are ideal for keeping your staff informed, on a regular bRSIS about the most efficient methods of Har-Tru tennis court maintenance. 25F-32 Exhibit I 5 YEAR BUDGET MAINTENANCE PLAN The following includes a list of goals and tirne tables based on the Court Analysis Survey. Thesr timetables can be used in budgeting for short and long term projects. Subject Description Schedule _ Laser Grading Laser grading should be considered every Every 10-15 & 1" lift 10-15 years. years Top -Dress Topdressing is necessary for each annual Annually _ opening, 1-2 tons of Har-Tru per court should be applied with each top dress. Line Tape Line Tapes sho u Id bepuIIed up pri or bb top Annually replacement dressing. This will ensure that lines are straight, tight and have no surface material buildup on either side of line tapes during the _playing season, Windscreens Windscreens should be replaced every 3.5 Now years or as they start to fade, discolor and & et brittle, 3-5 vears _ Fencing -Hard Fencing should be painted or replaced as As Needed Courts needed, Keeping this project In a cycle will help to eliminate a build up of high _ bud etar-y costs. _ - - 7�ols & Keeping Brushes and Hand tools 1n good Drag Equipment working condition is essential for great Har- Brushes, Tru courts. Replacing worn brushes, lute tine Masters blades etc, will keep the tools working Lutes properly. Aussie's Roller Having a reliable roller on site will be Grease important to ensure the best possible annualiy & courts. Preventative maintenance will perform ensure reliable equipment. scheduled Preventative Maintenance Amenities Nets, Net Posts, Coolers, Benches, etc. As Ncedeal should be replaced as needed. 25F-33 Exhibit I Maintenance Properly unaintained Har-Tru courts ensure Annuafly Training court longevity and consistent playabillty which can really affect a Faculty's bottom line. Making sure the maintenance crew is sufficiently trained is key. We offer Information on our website that can provide the training and knowledge needed, Attending maintenance seminars gives a Maintenance Employee an opportunity to learn about best practices and to meet others In the same industry. They get hands on training Moth in a classroom setting and out on the court, Please contact Har-Tru Sports for more Information. The following are staffing recommendations for daily maintenance of clay tennis courts. Hair-Tru We recommend 45-61 minutes per court each day. There are variables each day, week, month and annually, This staffing recommendation is an average figure meant is help to determine staffing needs for the maintenance of Har-Tru Clay tennis courts. SUB -IRRIGATED We recommend 20-30 minutes per court, per day. There are variables each day, week, month and annually, This staff1ng recommendation is an average figure meant to help to determine staffing needs for the maintenance of Sub -Irrigated Lentils courts, 25F-34 Exhibit 2 MATCH POINT TENNIS ACADEMY AT CABRILLO TENNIS CENTER CABRILLO TENNIS CENTER OPERATOR PROPOSAL 2" i Year Vision Proposed Addition o Red -Clay Courts I CABRILLO TENNIS CENTER. , borm: 25F-35 25F-36 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE APPROVE AN AGREEMENT WITH THE STATE OF CALIFORNIA WORKFORCE DEVELOPMENT BOARD FOR THE PRISON TO EMPLOYMENT IMPLEMENTATION SUPPORTIVE SERVICES EARN AND LEARN GRANT ($2,510,850) {STRATEGIC PLAN NO. 2,41 /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: _••e• W ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO �1��►1�1�1:3q:3 RECOMMENDED ACTION Authorize the City Manager to execute an agreement M0113521 with the State of California Workforce Development Board for the Prison to Employment Implementation Supportive Services Earn and Learn Grant, for a term commencing December 1, 2019 through March 31, 2022, for an amount not to exceed $2,510,850, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The California Workforce Development Board and the Employment Development Department announced the availability of state General Funds for the implementation of a regional plan to serve the formerly incarcerated and other justice -involved individuals in California with supportive services and opportunities to learn and earn. The funds will be released as grants to each of the 14 Regional Planning units. Santa Ana is in the Orange Region, along with the Workforce Boards of the City of Anaheim and Orange County. The grant is in response to the passage of Senate Bill 856, which provided $37 million in state General Funds to establish this initiative. A Request For Proposals (RFP) was released with each region required to designate one local Workforce Development Board to be the applicant and fiscal agent. Staff from the City of Santa Ana worked closely with the County of Orange and City of Anaheim and submitted the proposal on behalf of the region. In April 2019, the City received notice that the region was awarded a total of $3,816,967, with the first agreement approved by City Council at the October 1, 2019 meeting for $1,306,117. The RFP required partnership with the region's Local Workforce Boards, the California Department of Corrections and Rehabilitation Division of Adult Parole Operations, County Probation, and Community Based Organizations (CBOs) that serve the formerly incarcerated and other justice - involved individuals, with employment and reentry services. State law requires probation and parolees to be served in the region where the crime took place. Staff is finalizing agreements with 25G-1 Agreement with State of California WDB for Prison to Employment Direct Services December 17, 2019 Page 2 several CBO entities to implement the employment and vocational training strategies outlined in the grant proposal and will bring the agreements before the City Council in the near future. Over the term of the agreements, the three Workforce Development Boards will work collaboratively to serve 310 individuals who were formerly incarcerated or under County Probation or State Parole supervision. Depending on the outcome of their assessment, these individuals will be served through work experience, on-the-job training, training that leads to industry recognized certificate, or direct placement by using a wraparound case management coordinated with CBOs and the region's three Workforce Development Boards. Coordination of referrals will take place pre-release at county jails and post -release through deployment of staff at probation and parole offices located throughout the county. STRATEGIC PLAN ALIGNMENT Approval of this item support's the City's effort to meet Goal # 2 — Youth, Education, Recreation, Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Revenue for this grant has been budgeted in Fiscal Year 2019-20 in the Prison to Employment Program, State Grants -Direct account (no. 14418002-52025) for the second allocation in the amount of $2,510,850. The same amount has been budgeted in the Prison to Employment, Reserve Appropriation expenditure account (no. 14418760-69011). Expenditures for Fiscal Year 20-21 are estimated to be $1,883,140 and for Fiscal Year 21-22 are estimated to be $627,710. Fiscal Year Accounting Unit — Account # Fund Description Accounting Unit, Account Description Amount FY 2020-21 14418760-various Prison to Employment Various $ 426,780 FY 2020-21 14418760-69135 Prison to Employment Payment to Subagent $1,456,360 FY 2021-22 14418760-various Prison to Employment Various $ 142,258 FY 2021-22 14418760-69135 Prison to Employment Payment to Subagent $ 485,452 Total Contract Amount $2,510,850 APPROVED AS TO FUNDS AND ACCOUNTS: Steven A. Mendoza Kathryn Downs, CPA Executive Director Executive Director Community Development Agency Finance and Management Services Agency Exhibit: 1. Prison to Employment Implementation Supportive Services and Earn and Learn Agreement 25G-2 STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) 5TD 213 (Rev.03/2019) M0113521 EDD-7100 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME California Workforce Development Board (CWDB) CONTRACTOR NAME City of Santa Ana 2. The term of this Agreement is: START DATE September 1, 2019, or upon final approval THROUGHENDDATE March 31, 2022 3. The maximum amount of this Agreement is: $2,510,850.00 (Two Million Five Hundred Ten Thousand Eight Hundred Fifty Dollars and No Cents) 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES EXhlbitA Scope of Work 1 Attachment A-1 Workplan 8 Exhibit B Budget Detail and Payment Provisions 3 Attachment B-1 Budget Summary 2 Attachment B-2 Budget Narrative 2 Exhibit C* General Terms and Conditions GTC 0412017 Exhibit D Special Terms and Conditions 3 Exhibit Contractor's Response- CWDB Request for Application (RFA)No. 84049 45 Exhibit F** CWDB RFA No. 84049 Items shown with a double asterisk (**), are hereby Incorporated by reference and made part of this agreement as if attached hereto. The document can be viewed in the contract file M0113521 Items shown with an asterisk(*), areherebyincorporoted byreferenceand made partof thisagreementas ifattochedhereto. These documents can be viewed athttas•//www das.ca oov/OLS/Resources IN WITNESS WHEREOF, THISAGREEMENT HAS BEEN EXECUTED BYTHEPARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 20 Civic Center Plaza Santa Ana CA 92701 PRINTED NAME OF PERSON SIGNING TITLE Kristine Ridge City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED AS TO FORM RECOMMENDED FOR APPROVAL: r to ODGEf Steven A. Mendoza Attorney Community Development Executive Director Page 1 of 2 25G-3 EXHIBIT 1 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. C3/2019) CONTRACTING AGENCY NAME California Workforce Development Board AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER (if Applicable) M0113521 1 EDD-7100 CONTRACTING AGENCY ADDRESS CITY STATE ZIP 800 Capitol Mall #1022 MIC 45 - Sacramento CA 95814 PRINTED NAME OF PERSONSIGNINGTITLE Laura Caputo Deputy Director CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL - EXEMPTION (if Applicable) - SCM V1 (4.06) 25^ -4 Page 2 of 2 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 1 of 1 EXHIBIT A (Standard Agreement) This Agreement is entered into by and between the California Workforce Development Board, hereinafter referred to as CWDB, and the City of Santa Ana, hereinafter referred to as the Contractor, for the purposes of advancing the CWDB's Strategic Plan goals, specifically the Prison to Employment Initiative. The goals and tasks are identified in Attachment A-1, Workplan, and further defined in Exhibit E, Contractor's Response to the CWDB Request for Application (RFA) No. 84049. The Contractor will comply with the terms and conditions set forward in Exhibit A, Scope of Work, Attachment A-1, Workplan, Exhibit B, Budget Detail and Payment Provisions, Attachment B-1, Budget Summary, Attachment B-2, Budget Narrative, Exhibit C, General Terms and Conditions, Exhibit D, Special Terms and Conditions, Exhibit E, Contractor's Response to CWDB RFA No. 84049, and Exhibit F, CWDB RFA No. 84049, which, by this reference, are made part of the Agreement. 2. The project representatives during the term of this agreement will be: California Workforce Development Board Attn: Cindy Harrington 800 Capitol Mall, Suite 1022 Sacramento, CA 95814 Phone: (916) 651-7526 E-Mail: Cindy. harrington(a)cwdb.ca.gov City of Santa Ana Attn: Deborah Sanchez 801 W. Civic Center Dr., Suite 200 Santa Ana, CA 92701 Phone: (714) 565-2621 E-Mail: dsanchez(@santa-ana.om 3. Changes to the contract representatives will not require an amendment to the contract. 25G-5 CWDB Contract No. MO113521 CWDB/City of Santa Ana Page 1 of 8 ATTACHMENT A-1 (Standard Agreement) C>Workforce Development Board Region Name: Orange Regional Planning Unit Lead Applicant: Santa Ana Objectives/Activities Estimated Dates Quarter 1 (July - Sept 2019) Award acceptance, execution of agreement 9/30/2019 Local agreement execution between W DB's and CBO's 9/30/2019 Meet monthly with Probation, Parole, Sheriff, CBO's to finalize client flow, referral process, resource mapping, etc. Monthly Quarter 2 (Oct - Dec 2019) Complete resource mapping and referral process 10/1/2019 Intial Enrollment: participant selection, enrollment, orientation, etc 10/31/2019 - ongoing Begin WEX enrollment as appropriate 11/01/2019 - ongoing Intake and Case Management/Career Planning: Begin assessments, IEP, career advising, provide support services Ongoing Monthly partner meeting to discuss progress, issues, etc Ongoing Quarter 3 (Jan - March 2020) - ORPU to meet to review enrollment progress 1/30/2020 Participant skills increase: workshops, trainings, support services Ongoing Meet with Correction partners to monitor progress and implement strategies as needed 1/30/2020 - quarterly Begin OJT training 1/112020-ongoing Quarter 4 (April - June 2020) Identify additional strategies and resources with partners Ongoing ORPU meet to review enrollment progress 4/30/2020 Ensure follow up services are offered and utilized by participants 04/01 /2020 - Ongoing Quarter 5 (July - Sept 2020) Additional participant skills increase - workshops, trainin s, etc 9/3012020 ORPU meet to review enrollment and performance progress 9/30/2020 25G-6 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 2 of 8 ATTACHMENT A-1 (Standard Agreement) Quarter 6 (Oct - Dec 2020) WIOA co -enrollment - identify participants who could benefit from co -enrollment in WIOA and work with navigators to begin process 12/31/2020 Continue partner meetings - identify leverage resources for support services etc. 31-Dec Quarter 7 (Jan - March 2021) ORPU meet to review enrollment and performanc progress 1/31/2021 Continue enforllments and providing services Ongoing Quarter 8 (April - June 2021) Monitor co -enrollments in WIOA Ongoing ORPU meet to review enrollment and performance progress 6/30/2021 Quarter 9 (July - Sept 2021) Quarter 10 (Oct - Dec 2021) Meet with Partners to discuss clients and transition into WIOA or CBO programs 10131/2021 Complete enrollments, fianl WEX or OJT enrollments 12/31 /2021 Quarter 11 (Jan -March 2022) Coordinate transfer of clients into W IOA or CBO programs for continuation of services as needed 1/31/2022 Close out grant 3/31/2022 Organization Type Name of Partner Role and Responsibilities Cash/In- Kind Match Description of Fund Sustainability Partner (Y/N) 25G-7 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 3 of 8 ATTACHMENT A-1 (Standard Agreement) Amt Source (if (Cash (or) Applicable) In -Kind) Required Partners Local City of Oversee Re-entry $ In -Kind Yes Workforce Anaheim Navigator, develop 25,000.00 Investment OJT and WEX Boards in worksites, support Region services,follow up for retention in employment and coordination with partners. County of Oversee Re-entry $ In Kind Yes Orange Navigator, develop 25,000.00 OJT and WEX worksites, support services,follow up for retention in employment and coordination with partners. City of Santa Oversee Re-entry $ In Kind Yes Ana Navigator, develop 25,000.00 OJT and WEX worksites, support services,follow up for retention in employment and coordination with partners. Department Orange Provision of office $70,000 In Kind Yes of County Sheriff space, security of Corrections staff, selection of appropriate candidates, provid access to the in custody individual 25G-8 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 4 of 8 ATTACHMENT A-1 (Standard Agreement) Division of Provision of office $45,000 In Kind Yes Adult Parole space, security of Operations staff, selection of Southern appropriate Rfegion candidates (DAPO) Orange Provision of office $45,000 In Kind Yes County space, security of Probation staff, selection of appropriate candidates Community Working Referral of clients, $25,000 In Kind Yes Based Alternatives, assist in identifying Organizations Inc justice invloved / Faith Based Veterans, publicize Org / Other the grant's mission Non -Profits through its Community Relations Board Working Case Management, $50,000 In Kind Yes Wardrobes workforce readiness, job training, soft skills training, job development and placement Project Case Management, $50,000 In Kind Yes Kinship individual and group counseling, Peer Navigation and Mentoring, Education Preparation and Employment Preparation Chrysalis Case Management, $50,000 In Kind Yes job readiness classes, resume preparation and interview skills, job search and placement 25G-9 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 5 of 8 ATTACHMENT A-1 (Standard Agreement) Other Partners State Agency EDD Assistance with $25,000 In Kind Yes Partners Bonding, processing of WOTC, Identify justice Involved Friendly employers Dept. of Screen for eligibility $25,000 In Kind Yes Rehabilitation of Dept. of Rehab programs and services, make available resources to assist in accomodations at worksites if needed or referral to partners who can Employers / Garden Grove Advocate to $15,000 In Kind Yes Industry Chamber of employers to hire Champions Commerce former incarcerated/justice involved individuals to its members Santa Ana Advocate to $15,000 In Kind Yes Chamber of employers to hire Commerce former incarcerated/justice involved individuals to its members 25G-10 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 6 of 8 ATTACHMENT A-1 (Standard Agreement) ORPU - Anaheim, Orange County, Santa Ana Share 132E grant with the four industry sector clusters to identify and advocate the benefits of hiring justice involved individuals and ask them to encourage their peers to consider hiring an individual(s) $10,000 In Kind Yes Education — Universities, Community Colleges 4 Community College Districts in Orange County Screen for financial aid eligibility, assistance with enrollment in certificate cources, coordinate with P2E navigator to provide continuing education, assist in navigating pre -apprentice course work on respective campuses. $50,000 In Kind Yes Education K- 12 OC Dept. of Education Attainment of High School Diploma $15,000 In Kind Yes 25G-11 EXHIBIT 1 CW DB Contract No. M0113521 CWDB/City of Santa Ana Page 7 of 8 ATTACHMENT A-1 (Standard Agreement) Other Coastline Construction Trades $45,000 In Kind Yes Educational Community Training/ABE and CTE Institutions College (e.g. ROP, Santa Ana Construction Trades $45,000 In Kind Yes CTE, Community Training/ABE and CTE College Balance of ABE/CTE $45,000 In Kind Yes Orange County Community Colleges Additional Orange Assist with Non $25,000 In Kind Yes County County Custodial Parent Office(s) Support Court Orders for the Services benefit of all Involved Orange Screen for General $25,000 In Kind Yes County Social Relief or SNAP and Services any other services Agency eligible for Training Providers not already mentioned Economic City of Santa Coordinate Business $20,000 In Kind Yes Development Ana Retention efforts and Agencies modify employer questionare to identify business who would be willing to hire justice involved individuals City of Coordinate Business $20,000 In Kind Yes Anaheim Retention efforts and modify employer questionare to identify business who would be willing to hire justice involved individuals 25G-12 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 8 of 8 ATTACHMENT A-1 (Standard Agreement) Others: (list) City of Revise Section 8 $10,000 In Kind Yes Anaheim - Housing Polidy to Housing allow justice involved Authority family members to reside with the family who is receiving Section 8 voucher and encourage the County, Garden Grove and Santa Ana Housing Authorities to do the same. Total Cash/In-Kind $850,000 Match ORPU 01 O2 03 04 05 O6 07 06 09 010 Ott Jul -Sep Oct -Dec Jan -Mar Apr -Jun Jul -Sep Oct -Dec Jan -Mar Apr -June Jul -Sep Oct -Dec Jan -Mar 2019 2019 2020 2020 2020 2020 2021 2021 2021 2021 2022 TOW 1.Paici to beSm 15 20 40 30 30 25 25 20 205 2.EnmlmetinTraining 5 15 20 25 20 25 20 20 150 3. Com pion of Traning 5 5 15 15 20 20 15 10 105 4. Attained Irdust -Valued Wcale, Credential a Degree 1 4 5 5 10 10 10 5 50 5. Placement in Postsecordn Educalbn 2 5 6 4 17 6. Placenet in StateAppapyed AWdiceship 2 2 4 7. Placement in Industry Sector Em men 98 3 4 5 5 5 4 3 2 31 l3 3 4 3 3 5 4 25 IR: 3 3 2 3 1 1 13 2 4 2 3 3 3 1 18 8. Placement in Tem I�Em mem 5 6 11 9. Retenion in Em met 1 8 15 15 15 10 10 5 79 NOTE: Participants maybe co -enrolled in Implementation Direct Services and Supportive Services Earn and Learn Grant. Overall participant plan is for 310 enrollments. 25G-13 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/Coty of Santa Ana Page 1 of 3 EXHIBIT B (Standard Agreement) 1. For services satisfactorily rendered and upon receipt and approval of the invoices, CWDB agrees to compensate the Contractor in accordance with Attachments B-1, Budget Summary and B-2, Budget Narrative. The total amount of this Agreement shall not exceed Two Million Five Hundred Ten Thousand Eight Hundred Fifty Dollars and No Cents ($2,510,850.00). 2. Invoices shall include the CWDB Contract Number M0113521 and shall be submitted monthly in triplicate, in arrears to: California Workforce Investment Board Attn: Angela Mendibles 800 Capitol Mall, Suite 1022, MIC 45 Sacramento, CA 95814 3. The Grantee is responsible for ensuring that invoices submitted to the EDD claim actual expenditures for eligible project costs under Attachments B-1 and B-2. Grantee shall, upon demand, remit to the EDD any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions, or commitments of this Grant Agreement. B. Withholding of Grant Disbursements 1. The CWDB and EDD may withhold all or any portion of the grant funds provided for by this Grant Agreement in the event that that the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement, including submission of required reports and data. 2. The CWDB and EDD will not reimburse Grantee for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently discovered to be ineligible, the CWDB and EDD may either withhold an equal amount from subsequent payments to the Grantee or require repayment of an equal amount to the state by the Grantee. 3. In the event that grant funds are withheld from the Grantee, the CWDB's Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the situation leading to the withholding. C. Budget Contingency Clause It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Agreement were executed after that determination was made. 25G-14 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/Coty of Santa Ana Page 2 of 3 EXHIBIT B (Standard Agreement) This Agreement is valid and enforceable only if (1) sufficient funds are made available by the State Budget Act of the appropriate State Fiscal Year(s) covered by this Agreement for the purposes of this program; and (2) sufficient funds are made available to the State by the United States Government or by the State of California for the Fiscal Year(s) covered by this Agreement for the purposes of this program. In addition, this Agreement is subject to any additional restrictions, limitations or conditions established by the United States Government and/or the State of California, or any statute enacted by the Congress and Legislature, which may affect the provisions, terms or funding of the Agreement in any manner. The parties mutually agree that if the Congress and/or Legislature does not appropriate sufficient funds for the program, this agreement shall be amended to reflect any reduction in funds. The CWDB has the option to terminate the agreement under the 30-day termination clause or to amend the Agreement to reflect any reduction of funds. D. California Prompt Payment Clause Payment will be made in accordance with, and within the time specified in, Government Code § 927, et seq. 25G-15 CWDB Contract No. M0113521 CWDB/Coty of Santa Ana Page 3 of 3 EXHIBIT B (Standard Agreement) Agency Funding Form Supportive Services Earn and Learn Partner Participants Administrative oversight, data "Fiscal Agent City of Santa Ana City reporting and performance 0 $ 251,085.00 Case Management support, _WDB Anaheim WDB -WDB OJT, ITA, job placement 41 $ 351,953.00 Recruitment, intake, basic .Agency Project Kinship CBO .needs and referrals $ 25,000.00 Resumes preparation and interview skills, job readiness workshops, supportive .Agency Chrysalis CBO services, $ 25,000.00 Co -enroll in WIOA for ITA,WEX,OJT,apprenticeship IWDB County of Orange WDB placement, entrepreneurship Recuritment, basic needs - . referrals, and support, peer :.. - "mentoring, supportive services - 'forjob placementand training '.. and all otherwrap around Agency Project Kinship CBO support 63. $ 690,999.00 Recuritment, basic needs '.. referrals, and support, peer mentoring, supportive services' " forjob placement and training and all other wrap around CBO support 60 Assessment, case management, job readiness, WDB Santa Ana WDB 'WDB WEX or OJT, retention services 41:$ " Recruitment, intake, assessments, basicneeds ,referrals, and support, peer 'mentoring, supportive services 'forjob placement and training and all otherwrap around Agency Project Kinship CBO support $ Recuritment,intake, assessment, basic needs referrals, and support, peer mentoring, workforce readiness training, soft skills _modles,supportive services for job placement and training and all other wrap around support Note - Fiscal Agent will oversee agreement with CBO's serving P2E enrollees 317,953.00. 75,000.00 205' $ 2,510,850.00 25G-16 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 1 of 2 ATTACHMENT B-1 (Standard Agreement) Bud et Summary Grantee Santa Ana ORPU Budget Line Item Admin* In House Program Contracted Program Total 1 Staff Salaries and Fringe Benefits $189,585.00 $175,000.00 $300,000.00 $664,585.00 2 Staff Travel $5,000.00 $5,000.00 $5,000.00 $15,o00.00 3 Operating Expenses $10,000.00 Facilities Rent $10,000.00 $40,000.00 $90,000.00 $140,000.00 Office Supplies $5,000.00 $15,000.00 $20,000.00 $40,000.00 -Communications $1,000.00 $6,000.00 $8,765.00 $15,765.00 Other(Describe) $0.00 4 Equipment Purchases & Furniture Purchases $1,000.00 $5,000.00 $5,000.00 $11,000.00 -Leases $1,500.00 $5,0o0.00 $5,000.00 $11,500.00 5 Testing/Instructions 1 Materials $20,000.00 $20,000.00 $40,000.00 6 Tuition Payments/Vouchers $400,000.00 $120,000.00 $520,000.00 7 Training Costs $400,000.00 $400,000.00 $800,000.00 8 Supportive Services $75,000.00 $75,000.00 $150,000.00 9 Indirect Costs $38,000.00 $20,000.00 $35,000.00 $93,000.00 10 Other Program Services $5,000.00 $5,000.00 $10,000.00 11 Contracts $0.00 Total Budget Amount $251,085.00 $1,171,000.00 1 $1,088,765.00 1 $2,510,850.00 25G-17 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 2 of 2 ATTACHMENT B-1 (Standard Agreement) Budget Summary Total Cost Percentage Total Admin* $251,085.00 10% Total Program $2,259,765.00 90% Total Budget Amount $2,510,850.00 100% *Administrative Costs not to exceed 10% of total budget 25G-18 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 1 of 2 ATTACHMENT B-2 (Standard Agreement) Budget Narrative Grantee Santa Ana ORPU Budget Line Item 1- Staff Salary and Fringe Benefits Charged to Project List job titles of staff working on project (FTE) Salaries Fringe Benefits Benefits % Total Econ. Dev. Spec. III,Workforce Spec.Il,Senior Admin Assistant,Accountant,MgmtAnalyst,Sr Acct Assist (1FTE) $105,000.00 $84,585.00 80.00% $189,585.00 Re -Entry Navigators $275,000.00 $200,000.00 80.00% $475,000.00 $0.00 Subtotal $380,000.00 $284,585.00 $664,585.00 Budget Line Item Narrative Detail Budget Amount 2 Staff Travel Training for staff, attendance grant mgmt mtgs in Sacramento $15,000.00 3 Operating Expenses - Facilities Rent Office Rent $140,000.00 - Office Supplies Basic Supplies - paper,folders,pens, pencils, timecards, etc. $40,000.00 - Communications Phone, internet services $15,765.00 - Other (Describe) 4 Equipment Purchases & Furniture - Purchases Computer/laptop/hand held device $11,000.00 Leases misc. copiers, phone system, etc $11,500.00 5 Testing/Instructional Materials assessment testing materials/instruments, score sheets, booklets, etc. $40,000.00 6 Tuition Payments/Vouchers Payment to training providers $520,000.00 7 Training Costs WEX, OJT's $800,000.00 8 Supportive Services clothing, shoes, tools, transportaion, DMV fees, tatoo removal etc. $150,000.00 9 Indirect Costs 11.16% cognizant agency: Dept. of Health and Human Services $93,000.00 10 Other Program Services Treatment, counseling, etc $10,000.00 11 Contracts Total Budget Amount of Awarded Fund $2,510,850.00 25G-19 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 2 of 2 ATTACHMENT B-2 (Standard Agreement) Budget Narrative Amount Percentage Total Admin $251,085.00 10% Total Program $2,259,765.00 90% 25G-20 EXHIBIT 1 CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 1 of 3 EXHIBIT D (Standard Agreement) SPECIAL TERMS AND CONDITIONS 1. Subcontractors or Subarantees Nothing contained in this Agreement or otherwise, shall create any contractual relationship between the State and any subcontractors or subgrantees, and no subcontract or subgrant shall relieve the Contractor of his responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the State for the acts and omissions of its subcontractors or subgrantees and of persons either directly or indirectly employed by the Contractor. The Contractor's obligation to pay its subcontractors or subgrantees is an independent obligation from the State's obligation to make payments to the Contractor. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subcontractor or subgrantee. 2. Consultant -Staff Expenses The Contractor represents that it has or shall secure at its own expense, all staff required to perform the services described in this Agreement. Such personnel shall not be employees of or have contractual relationship with any governmental entity. 3. Public Contract Code (Consultant Services) The Contractor is advised that he/she has certain duties, obligations, and rights under the Public Contract Code §§ 10335 - 10381 and 10410 - 10412, with which the Contractor should be familiar. These Public Contract Code sections can be viewed at: https://Ieqinfo.le,gislature.ca.gov/faces/codes disolavText xhtml?lawCode=PCC&division=2 &title=&oart=2 .&chapter-2. &article=4 https:Hleqinfo.legislature.ca.gov/faces/codes disolavText xhtml?lawCode=PCC&division=2 &title-&part=2 . &c h a o to r-2. &article=8 4. Contractor Evaluation Within sixty (60) days after the completion of this Agreement, the Contract Manager shall complete a written evaluation of Contractor's performance under this Agreement. If Contractor did not satisfactorily perform the work, a copy of the evaluation will be sent to the State Department of General Services, Office of Legal Services, and to Contractor within 15 working days of the completion of the evaluation. (PCC 10369) 5. Contractor agrees to provide an education and training assessment for each individual of the supervised population who participates in this project pursuant to Penal Code Section 1234.3(c). The assessment may be undertaken by the contractor or by another entity. A prior assessment of an individual may be used if, in the determination of the CWDB, its results are accurate. 6. Termination Clause This Agreement may be terminated by CWDB by giving written notice 30 days prior to the effective date of such termination. 25G-21 EXHIBIT 1 EXHIBIT D (Standard Agreement) 7. Advance Work CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 2 of 3 Should the Contractor begin work before receiving a copy of the approved Agreement, any work performed before approval shall be considered as having been done at the Contractor's own risk and as a volunteer. 8. Force Maieure Neither party shall be liable to the other for any delay in or failure of performance, nor shall any such delay in or failure of performance constitute default, if such delay or failure is caused by "Force Majeure." As used in the this section, "Force Majeure" is defined as follows: Acts of war and acts of God such as earthquakes, floods and other natural disasters such that performance is impossible. 9. Chance in Contractor Staff Should a Contractor's team member(s) become unavailable prior to a start date agreed upon with CWDB, the Contractor will propose an equally well -qualified replacement consultant after consultation with CWDB. All replacements are subject to CWDB approval. Switching staff that were identified in the Contractor's proposal with alternates immediately, or soon thereafter, after execution of this Agreement, are grounds for termination of this contract. CWDB has the right to request removal and/or replacement of Contractor resources. 10. Avoidance of Conflicts of Interest by the Contractor A. The Contractor agrees that all reasonable efforts will be made to ensure that no conflict of interest exists between its officers, agents, employees, consultants or members of its governing body. B. The Contractor shall prevent its officers, agents, employees, consultants or members of its governing body from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others such as those with whom they have family, business or other ties. C. In the event that CWDB determines that a conflict of interest situation exists, any cost associated with the conflict may constitute grounds for termination of this agreement. This provision shall not be construed to prohibit the employment of persons with whom the Contractor's officers, agents, or employees have family, business or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant and such persons have successfully competed for employment with other applicants on a merit basis. D. Certain consultants designated by the EDD's Conflict of Interest Code are required to file a Statement of Economic Interests, Form 700. The Contractor agrees that if the Director of EDD determines that a Statement of Economic Interests, Form 700, is required, the consultant shall obtain the Form 700 and filing instructions from the EDD Personnel Office. 25G-22 EXHIBIT 1 EXHIBIT D (Standard Agreement) 11. Travel Clause CWDB Contract No. M0113521 CWDB/City of Santa Ana Page 3 of 3 The travel and per diem shall be set in accordance with Department of Personnel Administration for comparable classes and that no travel outside the State of California shall be reimbursed unless prior written authorization is obtained from CWDB. 12. Workforce Innovation and Opportunity Act Contractor agrees to conform to nondiscrimination provisions of the Workforce Innovation and Opportunity Act (WIOA) and other federal nondiscrimination requirements as referenced in 29 CFR, Parts 37 and 38. 13. Disputes If the Grantee is disputes an action of the CWDB in the administration of this Grant Agreement, the Grantee may appeal to the CWDB's Executive Director or designee. Such appeals shall be filed within 30 calendar days of the notification from Grantee of such dispute. The appeal shall be in writing and 1) state the basis for the appeal, 2) state the action being requested of the Executive Director, and 3) include any documentation relating to the dispute. The CWDB Executive Director will review the correspondence and related documentation and render a decision of the appeal within 30 calendar days, except in those cases where the Grantee withdraws or abandons the appeal. The procedural time requirement may be waived with the mutual consent of the Grantee and the Executive Director. 14. Grantee shall cooperate with CWDB with regard to the performance of this agreement. 15. Grantee shall cooperate with CWDB to provide timely responses to any requests for data and/or reports the CWDB deems necessary for the evaluation of the grant program. Such data may include individual program participant data. Grantee further understands and agrees that this data will be shared with the CWDB and any other stakeholders. 16. Grantee is responsible for the project activities identified in the original Grant Proposal submitted to the CWDB, which is attached to and made a part of this Grant Agreement. Review and approval by the CWDB is solely for the purpose of proper administration of grant funds by EDD and shall not be deemed to relieve or restrict the Grantee's responsibility. 17. Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in the Grant Proposal, documents, amendments, approved modifications, and communications filed in support of its request for grant funds. 18. Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work. 25G-23 Prison to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Cover Page EDD RFA #84049 EXHIBIT E CWDB Contract No. M0113521 (Standard Agreement) Total of 45 Pages Applicant Santa Ana Total Project Budget $ $4,358,726.00 Requested Amount $ $4,358,726.00 Match $ Address: 801 W. Civic Center Drive, Suite 200 City & Zip Code: Santa Ana, CA 92701 County: Orange Designated Contact Person and Title: Deborah Sanchez, Econ. Development Specialist III - WDB Director Telephone: 714-565-2621 Fax: 714-565-2602 E-mail: dsanchez@santa-ana-org DUNS Number: 08-315-3247 Proposed Region: Orange Proposed Occupations/Trades: Manufacturing, Hospitality &Tourism, Construction List Partners: Anaheim Workforce Development Board; Orange County Development Boar; Division of Adult Parole Operations (DAPO) Southern Region; OC Probation Dept & Community Corrections Partnership (OCCP); OC Sheriffs Department (OCSD); OC Labor Federation; Rancho Santiago Community College; Coastline Community College; CBO's - Working Wardrobes, Project Kinship, Approval of Authorized Representative Name: Steven A Mendoza Title: Executive Director, Community Development Agency Signature: t ( Date: 2/15/2019 E-mail: smendoza@santa-ana.or¢ I 25G-24 1::41110.111151 Prison to Employment Supportive Services Earn and Learn Grant Form 1: Budget Summary EDD RFA #84049 Grantee ISanta Ana ORPU Budget Line Item Admin* In House Program Contracted Program Total 1 Staff Salaries and Fringe Benefits $189,585.00 $175,000.00 $300,000.00 $664,585.00 2 Staff Travel $5,000.00 $5,000.00 $5,000.00 $15,000.00 3 Operating Expenses $30,000.00 Facilities Rent $10,000.00 $40,000.00 $90,000.00 $140,000.00 Office Supplies $5,000.00 $15,000.00 $20,000.00 $40,000.00 -Communications $1,000.00 $6,000.00 $8,765.00 $15,765.00 - Other (Describe) $0.00 4 Equipment Purchases & Furniture - Purchases $1,000.00 $5,000.00 $5,000.00 $11,000.00 -Leases $1,500.00 $5,000.00 $5,000.00 $11,500.00 S Testing/Instructional Materials $20,000.00 $20,000.00 $40,000.00 6 Tuition Payments/Vouchers $400,000.00 $120,000.00 $520,000.00 7 Training Costs $400,000.00 $400,000.00 $800,000.00 8 Supportive Services $75,000.00 $75,000.00 $150,000.00 9 Indirect Costs $38,000.00 $20,000.00 $35,000.00 $93,000.00 10 Other Program Services $5,000.00 $5,000.00 $10,000.00 11 Contracts $0.00 Total Budget Amount i $251,085.00 $1,171,000.00 $1,088,765.001 $2,510,850.00 Total Cost Percentage Total Admin* $251,085.00 10% Total Program $2,259,765.00 90% Total Budget Amount $2,510,850.00 100% *Administrative Costs not to exceed 10% of total budget 25G-25 Prison to Employment Supportive Services Earn and Learn Grant Form 2: Budget Narrative EDD RFA #84049 Grantee JSantaAnaORPU Budget Line Item 1- Staff Salary and Fringe Benefits Charged to Project List job titles of staff working on project (FTE) Salaries Fringe Benefits Benefits % Total Econ. Dev. Spec. III,Workforce Spec.Il,Senior Admin Assistant,Accountant,Mgmt Analyst,Sr Acct Assist 1FTE $105,000.00 $84,585.00 80.00% $189,585.00 Re -Entry Navigators $275,000.00 $200,000.00 80.00% $475,000.00 $0.00 Subtotal $380,000.001 $284,585.001 $664,585.00 Budget Line Item Narrative Detail Budget Amount 2 Staff Travel Training or staff, attendance grant mgmt mtgs in Sacramento $15,000.00 3 Operating Expenses - Facilities Rent Office Rent $140,000.00 - Office Supplies Basic Supplies - paper,folders,pens, pencils, timecards, etc. $40,000.00 - Communications Phone, internet services $15,765.00 - Other (Describe) 4 Equipment Purchases & Furniture -purchases Computer/laptop/hand held device $11,000.00 -Leases misc. copiers, phone system, etc $11,500.00 5 Testing/Instructional Materials assessment testing materials/instruments, score sheets, booklets, etc. $40,000.00 6 Tuition Payments/Vouchers Payment to training providers $520,000.00 7 Training Costs WEX, OJT's $800,000.00 8 Su Supportive Services clothing, shoes, tools, transportaion, DMV fees, tatoo removal etc. $150,000.00 9 Indirect Costs 11.16% cognizant agency: Dept. of Health and Human Services $93,000.00 10 Other Program Services Treatment, counseling, etc $10,000.00 11 Contracts Total Budget Amount of Awarded Fund $2,510,850.00 Amount Percentage Total Admin $251,085.00 10% Total Program $2,259,765.00 90% 25G-26 107:11:3Ia1 Prison to Employment Supportive Services Earn and Learn Grant Form 3: Workplan EDD RFA #84049 C �. `> Workforce Development Board Region Name: Orange Regional Planning Unit Lead Applicant: Santa Ana Objectives/Activities Estimated Dates Quarter 1 (July - Sept 2019) Award acceptance, execution of agreement 9/3012019 Localagreement execution between WDB's and CBO's 9/30/2019 Meet monthly with Probation, Parole, Sheriff, CEO's to finalize client flow, referral process, resource mapping, etc. Monthly Quarter 2 (Oct - Dec 2019) Complete resource mapping and referral process 10/1/2019 Intial Enrollment: participant selection, enrollment, orientation, etc 10/31/2019 - ongoing Begin WEX enrollment as appropriate 11/01/2019 - ongoing Intake and Case Management/Career Planning: Begin assessments, IEP, career advising, provide support services Ongoing Monthly partner meeting to discuss progress, issues, etc Ongoing Quarter 3 (Jan - March 2020) ORPU to meet to review enrollment progress 1/30/2020 Participant skills increase: workshops, trainings, support services Ongoing Meet with Correction partners to monitor progress and implement strategies as needed 1/30/2020 - quarterly Begin OJT training 1/1/2020 - ongoing Quarter 4 (April - June 2020) Identify additional strategies and resources with partners Ongoing ORPU meet to review enrollment progress 4/30/2020 Ensure follow up services are offered and utilized by participants 04/01/2020 - Ongoing Quarter 5 (July - Sept 2020) Additional participant skills increase - workshops, trainings, etc 9/3012020 ORPU meet to review enrollment and performance progress 9/30/2020 Quarter 6(Oct -Dec 2020) WIOA co -enrollment - identify participants who could benefit from co -enrollment in WIOA and work with navigators to begin process 12/31/2020 Continue partner meetings - identify leverage resources for support services etc. 31-Dec Quarter 7 (Jan - March 2021) ORPU meet to review enrollment and performanc progress 1/31/2021 Continue enforllments and providing services Ongoing Quarter S (April -June 2021) Monitor co -enrollments in WIOA Ongoing ORPU meet to review enrollment and performance progress 6/30/2021 25G-27 EXHIBIT 1 Prison to Employment Supportive Services Earn and Learn Grant Form 3: Workplan EDD RFA #84049 Quarter Quarter 10 (Oct- Dec 2021) IMeet with Partners to discuss clients and transition into WIOA or CBO programs I 10/31/2021 lComplete enrollments, fianl WEX or OJT enrollments 1 12/31/2021 1 Quarter 11 (Jan -March 2022) Coordinate transfer of clients into W IOA or CBO programs for continuation of services as needed 1/31/2022 Close out grant 3/31/2022 25G-28 Prision to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Partner Roles Responsibilities EDD RFA #84049 Organization Type Name of Partner Role and Responsibilities Cashlln-Kind Match Amt Description of Fund Source Sustainabilit Partner y (IfApplieable) (Cash (or) In -Kind) (YIN) Required Partners Oversee Re-entry Navigator, develop OJT and W EX worksites, support City of Anaheim services,follow up for retention in In -Kind Yes employment and coordination with partners. $ 25,000.00 Oversee Re-entry Navigator, develop OJT and W EX worksites, support Local County of Orange services,follow up for retention in $ 25,000.00 In Kind Yes Workforce employment and coordination with Investment partners. Boards in Region Oversee Re-entry Navigator, develop OJT and W EX worksites, support City of Santa Ana services,follow up for retention in $ 25,000.00 In Kind Yes employment and coordination with partners. Provision of office space, security of Orange County staff, selection of appropriate Sheriff candidates, provid access to the in $70,000 In Kind Yes custody individual Division of Adult Provision of office space, security of Parole Operations staff, selection of appropriate $45,000 In Kind Yes _ Southern Rfe ion candidates 25G-29 EXHIBIT 1 Prision to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Partner Roles Responsibilities EDD RFA #84049 Department of Corrections Community Based lth Based I Other Non Profits Orange County Provision of office space, security of Probation staff, selection of appropriate $45,000 In Kind Yes candidates Referral of clients, assist in Working identifying justice invloved Veterans, $25,000 In Kind Yes Alternatives, Inc publicize the grant's mission through its CommunitV Relations Board Case Management, workforce Working Wardrobes readiness, job training, soft skills $50,000 In Kind Yes training, job development and placement Case Management, individual and group counseling, Peer Navigation Project Kinship and Mentoring, Education $50,000 In Kind Yes Preparation and Employment Preparation Case Management, job readiness Chrysalis classes, resume preparation and $50,000 In Kind Yes interview skills, job search and placement Other Partners Assistance with Bonding, processing EDD of WOTC, Identify justice Involved $25,000 In Kind Yes Friendly employers 25G-30 EXHIBIT 1 Prision to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Partner Roles Responsibilities EDD RFA H84049 Screen for eligibility of Dept. o Rehab programs and services, make state agency Partners Dept. of Rehabilitation available resources to assist in accomodations at worksites if needed or referral to partners who can $25,000 In Kind Yes Garden Grove Advocate to employers to hire former Chamber of incarcerated/justice involved $15,000 In Kind Yes Commerce individuals to its members Santa Ana Chamber of Commerce Advocate to employers to hire former incarcerated/justice involved individuals to its members $15,000 In Kind Yes Employers I Industry Champions ORPU -Anaheim, Orange County, Santa Ana Share P2E grant with the four industry sector clusters to identify and advocate the benefits of hiring justice involved individuals and ask them to encourage their peers to $10,000 In Kind Yes consider hiring an individual(s) 25G-31 EXHIBIT 1 Prision to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Partner Roles Responsibilities EDD RFA #84049 Education - Universities, 4 Community College Districts in Orange County Screen for financial aid eligibility, assistance with enrollment in certificate cources, coordinate with P2E navigator to provide continuing education, assist in navigating pre - apprentice course work on respective campuses. $50,000 In Kind Yes Community Colleges OC Dept. of Education Education Attainment of High School Diploma $15,000 In Kind Yes Education K-12 Coastline Community College Construction Trades Training/ABE and CTE $45,000 In Kind Yes Other Educational Institutions Santa Ana Community College Construction Trades Training/ABE and CTE $45,000 In Kind Yes (e.g. ROP, CTE, Balance of Orange County Community Colleges ABE/CTE $45,000 In Kind Yes Additional Orange County Support Services Assist with Non Custodial Parent Court Orders for the benefit of all involved $25,000 In Kind Yes 25G-32 EXHIBIT 1 Prision to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Partner Roles Responsibilities EDD RFA #84049 county Offices) Orange County Social Services Screen for General Relief or SNAP and any $25,000 In Kind Yes other services eligible for A enc Training Providers not already mentioned Coordinate Business Retention efforts and modify employer City of Santa Ana questioners to identify business who $20,000 In Kind Yes would be willing to hire justice Economic involved individuals Development Agencies Coordinate Business Retention efforts and modify employer City of Anaheim questioners to identify business who $20,000 In Kind Yes would be willing to hire justice involved individuals Revise Section 8 Housing Polidy to allow justice involved family City of Anaheim - members to reside with the family Others: (list) Housing Authority who is receiving Section 8 voucher $10,000 In Kind Yes and encourage the County, Garden Grove and Santa Ana Housing Authorities to do the same. ME E^-. r ,,,era` `t•' M Total Cash/in-Kind Match $850,000 25G-33 Prison to Employment Supportive Services Earn and Learn Grant EOD RFA #84049 Fom 4: Participant Plan Santa Ana -ORPU 01 p2 an 00 05 as O] as Ce p10 all Jul -Sep Oct -Dec Jan-Wr Ap-Jun JU-Sep Od-Cec Jan-bb Apr -June Jul -Sep OG-Cec Jam Mer 2019 2010 2020 2020 2020 2020 2021 2021 2021 2021 2022 Tend 1. Pamdanta ro be Serve 15 20 40 30 30 25 25 20 205 2. Enrollment in Training5 15 20 25 20 25 20 20 150 3. Correlation ofTraining 1 1 5 1 5 15 15 20 1 20 15 10 105 4. Attained Indus Valued Cerefieale, Credential or O roe 1 4 5 5 10 10 10 5 50 S. Placemmt in Postsecondary Education 2 5 6 4 17 6.PIacenrartnSWApprcvec1App ficeship 1 2 2 4 T. Placement In Industry Sector Em to ent 98 du 4.-,.. 3 4 5 5 5 4 3 2 31 RielE eTemiem a Rnmi1 1 3 3 4 3 3 5 4 25 comeammn 3 1 3 2 1 3 1 1 13 n eJ1.1. vane nation M. 1 1 2 1 4 1 2 1 3 1 3 3 1 18 8. Placement in Tem ra Olher Em to ant I I 1 5 6 11 9. RetenWn In Em to ent 1 1 8 1 15 1 15 1 15 10 10 5 19 NOTE: Participants maybe cocnmlled In Implementation Direct Services and Supportive Services Earn and Learn Grant. Overall participant plan Is for 310 enrollments. 25G-34 EXHIBIT 1 PrIsIOn to Employment Implementation Direct Services Grant and Supportive Services Earn and Learn Grant Checklist Document Form Form Required Name/Description Provided Implementation & Combined Supportive Services Direct Services & Earn and Learn Cover Page YES YES Application Narrative NO YES Flowchart of Services NO YES Form 1: Budget Summary YES YES YES Form 2: Budget Narrative YES YES YES Form 3: Workplan YES YES YES Form 3A: Partners Roles and YES YES Responsibilities Form 4: Participant Plan YES YES YES Form 5: Worker's Compensaiton Certificate YES YES YES Form 6:000-307 YES YES YES Form 7: Darfur Contracting Act Certification (If applicable, see YES form for details) If applicable If applicable Form g: Bidder Declaration YES YES YES Proof of registration with the California Secretary of State's NO Office. If applicable If applicable Partnership Agreement Letter/MOU (For a sample template, see Appendix B in the NO NO RFA) 25G-35 EXHIBIT 1 Prison to Employment Supportive Services Earn and Learn Grant Form S: workers' Compensation Certification EDD RFA #84049 The undersigned In submitting this document hereby certifies the following: I am aware of the provisions of section 3700 of the California Labor Code which requires every employer to be Insured against liability for workers" compensation or to undertake self- insurance in accordance with such provisions before commencing the performance of the work of this Agreement. Samantha M. Lambert, Risk Management Sur Name and Title (Print or Type) City of Santa Ana Firm Name 14-Feb•19 Date - 20 Civic Center Plaza Street Address Santa Ana CA 92702 City, State, Zip 25G-36 EXHIBIT 1 Prison to Employment Supportive Services Earn and Learn Grant Form 6: CCC-307 EDD RFA #84049 CONTRACTOR CERTIFICATION CLAUSES-307 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California, Contractor/Bidder Firm Name (Printed) Federal ID Number City of Santa Ana 95-6000785 By (Authorized Signature) Printed Name and Title of Person Signing Steven A Mendoza, Executive Director Community Development Agency Date Executed Executed in the County of f 5-Feb-19 Orange CONTRACTOR CERTIFICATION CLAUSES 1. STATEMENT OF COMPLIANCE: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (Gov, Code §12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. EXHIBIT 1 Prison to Employment Supportive Services Earn and Learn Grant Form 6: CCC-307 EDO RFA ##84049 c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug -free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspenslon of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: EXHIBIT 1 Prison to Employment Supportive Services Earn and Learn Grant Form 6: CCC-307 EDD RFA 484049 a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the 7. DOMESTIC PARTNERS: For contracts over $100,000 executed or amended after January 1, 2007, the contractor certifies that contractor is in compliance with Public Contract Code section 10295.3. EXHIBIT 1 State of ealifenia—Department of General Services Procurement Division Solicltatlon Number 84049 GSPD-05-105(REV09l09) BIDDER DECLARATION 1. Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form): a. Identify current California certification(s)(MB,SB,NVSA,DVBE): or None-Z,. (If"None-gotoltem92) b. Will subcontractors be used for this contract? Yes 21 No ❑ (if yes, indicate the distinct element of work y9ur firm will perform In this contract e.g., list the proposed products produced by your firm, state if your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. Grant overeia r and support services. c. If you area California certifiedDVBE: (1) Are you a broker or agent? Yes 0NoO. 12) If the contract includes equipment rental, does nr co any oM�u1,at least 5 l%of the equipment provided in this contract(quantityandvalue)?Yesj_jNo NIA Le/ 2. If no subcontractors will be used, skip to certification below. Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary): Subcontractor Name, Contact Person, Subcontractor Address CA Certification (ME,SB, Work performed or goods provided Corresponding Good 5i% Phone Number &Fax Number &Email Address NVSA, DVBE or None) for this contract %of bid price Standing? Rental? City of Anaheim Luz Flores 201 S. Anaheim Blvd None Coordination of Services - Case 25% 714-765-4341 Suite 1001 Management, Assessment, Fax 714-765-4356 Anaheim CA 92805 Training, OJT and support - Iflores@anaheim.net services County of Orange Caroms Lacy 1300 S. Grand Ave Bldg. B, 3rd Ed. None Coordination of services - Case Management, Assessment 20% ❑ 714-480-6420 Santa Ana CA 92705 Training, OJT, and support Fax 714-834-7132 carrna.lacy@occr.ocgov.com sewlces O Working Wardrobes Jam Rosen 1851 Kettering St Irvine, CA 92614 None Case Management, workforce readiness training, soft skills, job 15 ❑ 714-210-2460 jerri@workingwardrobes.org development and placement, Fax 714434-2870 intewlewhe ork wardrobe CERTIFICATION: By signing the bid response, I certify under penalty of perjury that the information provided Is true and correct. Page 1_of 2 25G-40 EXHIBIT 1 State of Califomla—Department ofGeneral Service;Procurement Division GSPD-n5-105 (REV 0/09) In,tr.dmo BIDDER DECLARATION Instructions All prime bidders (the firm submitting the bid) must complete the DidderDedaration. la, Identify all currentcertificatlons issued by the State of California. If the pdmebidder has no (alffomfa antificationts),check the line labeled"None'and proceed to Item AZ. If the prime bidder possesses one or more of the following certifications, enter the applicable certifications) on the line: Mlcrobusiness(MB) • Small Business(SB) Nonprofit Veteran Service Agency (NVSA) Disabled Veteran Business Enterprise (DVBE) t.b. Mark either"Yes"or"No"to identify whether subcontractors will be used for the contract if the response is 'No'proceed to Item ff1.e. If"Yes°enter on the line the distinct element of work contained in the contract to be performed or the goods to be provided by the prime bidder. Do not Include goods or services to be provided by subcontractors. Bidders certified as ME,58, NVSA,and/or DVBE must Provide commercially meful function as defined In Military and Veterans Code Section 999 for DVBEs and Government Code Section 14837(d)(4)(A) for small/ micro nsimases. Bids must propose that certified bidders provide a commercially useful function for the resuhing contract or the bid will be deemed non -responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified in the solicitation, Note:A subcontractor is any person, firm, corporation, or organization contracting to perform part of the prime's contract. t.e This Item Is only to be completed by businesses certified by California as DVBE. (1) Declare whether the prime bidder is a broker or agent by marking either"Yes"or"Noi The Military and Veterans Code Seaton 999.2(b) defines"broker"or"agent"asa certified DVBE contractor or subcon- tractor that does not have title, possession, ontrol,and risk of loss of materials, supplies, services, or equipment provided to an awarding department, unless one or more of the disabled veteran owners has at least 51 -percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. (d) If bidding rental equipment, mark either"Yes"or"No"to identify If the prime bidder owns at least 51% of the equipment provided (quantity and value). If act bidding rental equipment mark"N/A'for"not applicable." 3. If no subcontractors are proposed, do not complete the table. Bead the certification at the bottom of the form and complete"Page—of_ on the form. If subcontractors will be used, complete the table listing all subcontractors. IT necessary, attach additional pages and complete the"Page. of --_"accordingly. g. (continued) Column Labels SubrantractorName,Confactiferson,Phone Number&Fear Number —List each elementfarall subcontractors, Subrontractorilddress&EmailAddress—Enter the address and ifavailable,an Email address. CACertification 1418,SR,WA, DrREOrNone)—Ifthe subcontractor possesses current State of Califomla certifiction(sl,verifyonihlswebsite fwwwenmc rend dos ra nnvl. WockyeAormedargoods provldedforthistonmact—Identity the distinct element of work contained in the contract to be perfumed or the goods to be provided by each subcontractor. Certified subcontractors must provide commercially useful function for the contact. ISee paragraph i.b above for non citations regarding the definition of commercially useful function.) If a certified subcontractor is further subcomract- inga greater portion of the work or goods provided for the resulting contract than would be expected by normal industry practices,attach a separate sheet of paper explaining the situation. Cenespo ndfng %ofbidprlca—Enter the corresponding percentage of the total bid pdceforthe goods and/or services to be provided by each subcontractor. Do not enter a dollar amount. GaadSmmMrSb?--Provide a response for each subcontractor listed. Enter either"Yes"or"No"to indicate that die prime bidder has verified that the subcontractor(s) is in good standing for all of the following: Possesses valid licensu(s) for anylicanse(s) or permits required by the solicitation or bylaw If a corporation, the company is qualified to do business in California and designated by the State of California Secretary of State to be in good standing Possesses valid State of California certification(sl if claiming MB,SB, NVSA,and/or DVBE status Si%Rental?—This pertalosto theappllcabilkyofrental equipment. Based on the following parameters, enter either"N/A"(not applicable); "Yes"or"No"far each subcontractor listed. Enter"N/Welthe: Subcontractor is NOT DVDE (regardless of whether or not rental equipment is provided bythe subcontractor) or Subcontractor is NOT providing rental equipment (regardless of whether or net subcontractor b a DVBE) EnterWes"Ifthe subcontractor is a California certified DVBE providing rental equipment and the subcontractor owns at least 51 % ofthe rental equipment (quantity and value) It will be providing for the contract. Enter" Nu' if the subcontractor is a California emitted CIVET providing rental equipment but the sub- contractor does NOT ova at least 51%of the rental equipment (quantity and value) it will be providing. Read the certification at the bottom of the page and complete the"Pagelof_-__"accordingly. 25G-41 EXHIBIT 1 State of California —Department of General Services Procurement Division GSP045-105(REV 08/09) BIDDER DECLARATION Solicitation Number 84649 Prime bidder information (Review attached Bidder Declaration Instructions prior to completion of this form): a. Identify current California certification(s)IMB,SB,NVSA,OVBE): et —or None I. (If"None;gotoItem ft2) b. Will subcontractors be used for this contract? Yes O✓ No❑(Ifyes, indicate the distinct element of work your firm will perform In this contract e.g., list the proposed products produced by your firm, state If your firm owns the transportation vehicles that will deliver the products to the State, identify which solicited services your firm will perform, etc.). Use additional sheets, as necessary. Qalft oversight & FiscaL9g ne t cgordination_uyikf>,3S�b�ontractgre and partner ggsg,tpan-aement s e sment tr i0.lrlg Q.)7.LtCVF.ii, and support services. c. If you area California certified DVBE: (1) Are you a broker or agent? Yes ❑ NoQ (2) If the contract Includes equipment rental, does 1 our com,�anyo , at least 51% of the equipment provided in this contract (quantity and value)? Yes No MIA J J� 2. If no subcontractors will be used, skip to certification below, Otherwise, list all subcontractors for this contract. (Attach additional pages if necessary): Subcontractor Name,Contact person, Subcontractor Address CA Certification(MB,SB, Work performed or goods provided Corresponding Good 5196 Phone Number &fax Number Hmail Address NVSA, OVBE or None) forthis contract of bid price Standing? Rental? City of Flores heim 201 S. Anaheim Blvd. Suite 1001 None Coordination of Services - Case a 25 /0 ❑ 714-76 Management, Assessment, Fax 714-765-4356 Anaheim CA 92805 Training, OJT and support Iflores@anaheim.net services County of Orange Carma Lacy 1300 S. Grand Ave Bldg. B, 3rd FI. None Coordination of services - Case Management, Assessment, 20% 714-480-6420 Santa Ana CA 92705 Training, OJT, and support Fax 714-834-7132 carma.lacy@occr.ocgov.com services 0 Working Wardrobes Jerri Rosen 1851 Kettering St Irvine, CA 92614 None Case Management, workforce readiness training, soft skills, Job 15% ❑ 714-210-2460 jerd@workingwardrobes.org development and placement, Fax 714-434-2870 Interview/work wardrobe CERTIFICATION: By signing the bid response,l certify under penalty of perjury that the information provided Is true and correct. Page i of 2 _. 25G-42 EXHIBIT 1 State of California —Department ofGeneral 5ervmc Procurement Division GSPD-05-105(REV 0/09)hi,uuctlore BIDDER DECLARATION Instructions All prime bidders (the firnnsubmittingthe bid) must complete the Bidder Declaration. I.e. Identify all current certifications issued by theState of California. Ifthe prime bidder has no California certocarion(s),check the line labeled "None"and proceed to hem Q. If the prime bidder possesses one or more of the following certifications, enter the aroad icable certificatlonls) on the IIn id Microbusmess(MB) Small Business (50) Nonprofit Veteran Service Agency (NV5A) Disabled Veteran Business Enterprise (Oft 1.b. Mark either"Yes"or"No"to Identify whether subcontractors will be used for the contract, lithe response is No, proceed to Item 41.c. If°YeyenterOR the line the distinct element of workcontamed in the contract to be performed or the goods to be provided by the prime bidder. Do not include goods or services to be provided by subcontractors. Bidders certified as MB, SO, NVSA, and/or DVBE must provide a commercially useful function as defined In Military and Veterans (ode Section 999 for Di and Government Code Section 14837(d)(4)(A) for small/ microbusinesses. Bids must propose that certified bidders provide commercially useful function for the resulting contract or the bid will be deemed non -responsive and rejected by the State. For questions regarding the solicitation, contact the procurement official identified is the solicitation. Nate;A submotraorder tsamy person, Arm, corporation, a r organization contracting to perform part of the prime's contract t.c. This item is onlyto be completed by businesses certified by California as a DVBE. (1) Dedarewhether Ore prime bidder is a broker or agent by marking either"14s"or"Ne, The Military and Veterans (ode Section 999.2 (b) defines"brokefbr"agent"asa certified DVBE contractor or subcon- Iractorthat does not have title, possession, coand, and risk of loss of inatelials,sup pllei services, or equipment provided to as awarding department, unless one or more of the dImbled veteran owners has at least 51-percent ownership of the quantity and value of the materials, supplies, services, and of each piece of equipment provided under the contract. (2) Ifbidding rental equipment, mark ether"Yes"ar"No"to identify if the prime bidder owns at least5l% of the equipment provided (quantity and value). If not bidding rental equ'pmentmark"N/A" for"not applicable.' P. If no subcontractors are proposed, do not complete the table. Bead the rertifiation at the bottom of the form and complete 'Page_,__of,--"on the form. If subcontractors will be used, complete the table listing all subcontractors. Nnecessarµattach additional pages and complete the"Page _of „_,-"accordingly. 2. fmndnaed) Column Labels SubcontractorNamG ContaRPerson, Phone Nundou fmrNumber--List each element for all subcontractors. SubconmattorAddresiEmailAddress—Enterthe address and if available, an Email address. CA Certifica ion^SB,NASA, DVBEarNone)—If the subcontractor possesses a Covent State of California cmtification(s),verify on thiswebshe (www.eammren l dos ra aovl. Warkperformedargoadspravtdedferthis contrace--Identify the distinct element of work contained in the contract to be performed or the goods to be provided by each subcontractor. Certified subcontractors must provide a commercially useful function for the contract. (Seeparagraph I,b above for code citations regarding the definition of commercially useful function) If (erdfled subcontractor Is further subcontract- ing a greater portion ofthewods or goods provided for the resulting contract than would be expected by normal industry practices, attach a separate sheet of paper explaining the situation. Corresponding %ofhidierire—Enterthe corresponding percentage of the total bid price for the goods and/or services to be provided by each subcontractor. Do not enter a dollar amount. GoodStanding,>—Provide a response for each subcontractor listed. Enter either"Yes"or"No to indicate that the prime bidder has verified that the subromractor(s) is in good standing for all of the following: Possesses valid Kernels) for any licenses) or permits required by the, solicitation or bylaw If a corporation, the company is qualified to do business In California and designated by the State ofCallfamm Suretaryof State to be In good standing Possesses valid State of California certi caion(sl if claiming MB,SB,NVSA,and/or DVBE status 51%Renmf?—This pertains tothe applicability of rental equipment. Based on the following parameters, enter either"N/A"Inotapplicahle),"Yes"or"No"foreach subcontractor listed. Enter"N/A"iithe: Subcontractor is NOT a DVBE (regardless of Whether Or not rental equipment is provided bythe subcontractor) or • Subcontractor is NOT providing rental equipment (regardless ofwhetheror not subcontractor Ise DVBE) Enteir"Yes"if the subcontractor Is a California certified DVBE providing rental equipmentand the subcontractor owns at kast5190 ofthe rental equipment (quantity and value) itwlil be nodding for the contract. Enter"No"If the subcontractor is a California certified DVBE providing rental equipment but the sub- contractor does NOT own at least 51% of the rental equipment (quantity and value) it will be providing. Road the certification at the bottom of the page and complete the"Page _of_"accordingly. 25G-43 I0:P.Ill111il Outreach and Recruitment OC Probation OC Sheriffs Department OCREP Co -enrollment with WIOA As necessary Certifications -Industry-Recognized Credentials including, but not limited to: -National Retail Foundation -Forklift - HS Diploma/GED Vocational Classroom Training Prison to Employment Direct and Supportive Service Grant . Service Delivery Flow Chart Intake of Participants - Screening - Pre -qualification - Project suitability - Eligibility I Enrollment I Assessment and Service Planning - Orientation - Assess Interests/Aptitudes - Wisconsin Risk Assessment - Career Counseling/Guidance - Career/Training Exploration - Workshops/job clubs - IEP/IDP Development - On -Going Case Management Individualized Career Services - Job Readiness - Employment Preparation - Resume /Job Search Skills - Interview and Follow -Up Skills - Job Retention Skills Through a network of training partners includina: -Area Community Colleges; Adult Education -Training providers under WIOA contract OJT's with employers or Work Experience (public and or private employers) Support Services and Referrals - Health / Behavioral Health - Counseling - Transportation Assistance - Child Care - Legal Aid - Clothing Assistance - Tools and Supplies - Housing Basic Skills Remediation -Referrals to Local Adult Schools for Reading and Math Skills Enhancement - ALISON online courses Mentoring Referrals to CBOs for mentorng services; case management, job readiness, substance treatment; "Earn and Learn" Work -Based Training -Work Experience Industry - Paid Internships Sectors - On -the -Job Training (OJT) 10 Construction - Pre -apprenticeship Manufacturing -Apprenticeship Hospitality Others / Exit & Follow-up Transition to apprenticeship Placement in further education Unsubsidized Job Placement Follow -Up and Job Retention Supportive services Co -enrollment with WIOA 25G-44 EXHIBIT 1 Prison to Employment Initiative Direct and Supportive Service Grant Orange Regional Planning Unit Narrative I. Statement of Need Since the inception of Assembly Bill 109 (AB 109) Public Safety Realignment Act of 2011, the Orange Region Planning Unit (ORPU) has seen an accelerated number of justice -involved individuals. The Orange County in -custody prison population is the sixth largest in the State, accounting for 6,555.t, or 5% of the total prison population. In 2017, Orange County had the fifth highest number of parole releases with 964 or 5.3%, and had a total of 2,68W. parolees. The Orange County Probation Department (OC Probation) oversaw a total supervised population of 10,542,3, probationers as of September 2018. The Orange County Sheriff's Department (OCSD) had 56,720. releases in FY 2017-2018. Barriers for the Supervised Population are extensive and unique; many times include basic requirements, such as food, clothing, and shelter, which creates challenges beyond employment and training services. The needs for these individuals to become self-sufficient are varied and range from lack of job training difficulties with education, family law issues, immigration, and child support debt. The ORPU will maintain collaboration and conduct outreach to future partners to ensure that resources are available to assist this hard to serve population. Since July 2016, WIOA Title I programs have served over 339 justice -involved individuals. Of those served, roughly 50% obtained employment in the OC Region. In addition, the OC and correction partners implemented the Linking to Employment Activities Pre -Release (LEAP) programs and Forward Focus/Supervised Population workforce training programs. These projects focused on effective strategies within the jails and continue post -release: .LEAP1 LEAP • Total Enrolled Pre -Release: 140 • Total Enrolled Pre -Release: 96 • Enrollment in Training Post -Release: 46 • Enrollment in Training: 22 Pre -Release; 10 Post- • Entered Employment Post -Release: 52 Release • Entered Employment Post -Release: 24 Forward Focus/Supervised Poondation (Post -Release • Total Enrolled: 94 • Entered Employment: 45 • Enrollment in Training: 59 • Retention in Employment 6 months: 27 • Completion of Training: 52 Placement in Post -Secondary Education: 4 • Attained Industry Valued Certificates: 37 • Placement in State -Approved Apprenticeship: 1 The ORPU identified several collaborative strategies to reverse the trend of criminal recidivism in hopes of making a meaningful impact in the region. Pre- and post -release services must be implemented to assist justice -involved individuals in examining societal and self-imposed barriers to work and life adjustment and community reintegration. The provision of pre-release services, such as workforce co -location in jail, allows for a smooth transition that increases post -release success. In addition, the need for workforce staff co -location at key sites (jail release centers, parole and probation reporting centers) increases accessibility to employment and supportive services for successful reintegration into the community. With a successful partnership between workforce and supervision, increasing the quality of employment opportunities, those providing a livable wage, will have a significant impact on recidivism.-' II. Partnerships Partner Roles (see Partnership Agreement/Letters of Commitment) • .Local Workforce Development Boards: The Orange County Community Investment Division/Orange County Development Board (OCDB), Anaheim Workforce Development Board, and Santa Ana Workforce Development 'CDCR Offender Data Points Offender Demographics For the 24-month period, ending December 2017 'CDCR Offender Data Points Offender Demographics For the 24-month period, ending December 2017 'OC Probation Department Research Division, September 2018 'OC Sheriff s Department, Fiscal Year 2017-2018 'Schnabel T. Kevin. Good Jobs and Recidivism, August 2016 25G-45 EXHIBIT 1 Board are the Local Workforce Development Boards for the ORPU. The Local Boards will utilize the region's One - Stop Systems to augment delivery of services to program participants. • .Representatives of State Parole offices for the California Department of Corrections and Rehabilitation:. The Division of Adult Parole Operations (DAPO), Southern Region, as well as Workforce Innovation and Opportunity Act (WIOA) programs strategies are available to this population. DAPO staff will cooperate with Reentry Navigators to ensure parolees (Justice Involved) are referred to and have relevant information available to progress through training, educational andjob opportunities. The leveraged contribution to this project will be staff time and delivery of program services. • .Community Based Organizations (CBOs): a. Working Wardrobes has served the justice -involved population for over 25 years, and has successfully developed curriculum targeted specifically to the incarcerated, recently released, and both in -and out -of - custody job seekers. For this initiative, Working Wardrobes will provide case management, workforce readiness training, job training, and soft skills modules to assist the men and women with multiple barriers to employment. They will also offer job development services and placement assistance with numerous employer partners. b. Project Kinship serves as a convener of community resources, and advocates for the health, mental health, and well-being of the reentry population. Project Kinship offers prevention, intervention, and treatment programming; and advocates for system solutions to flip the school -to -prison into the prison -to -career pipeline. The proposed program will serve as a natural continuation of Project Kinship's workforce development and education programs, including restorative practices; job training and vocational support services; and case management services offered to individuals with histories of gang and/or justice system involvement. The main objectives of Prison to Employment Initiative (P2E) are: 1) career planning; work readiness skill building, training, and certifications; 2) job development, intensive case management, and peer mentoring; 3) education enrollment and retention; 4) civic opportunities and leadership development; and 5) incentives, training stipends, paid work experience, and other supportive services. c. Chrysalis has introduced a model for workforce development to assist criminal justice -involved individuals' transition into permanent employment to accomplish the goal of self-sufficiency. Chrysalis has developed a social enterprise that provides transitional employment for those with severe barriers to employment, including individuals in the criminal justice system. As part of the proposed partnership, Chrysalis agrees to provide the following services to eligible participants: one-on-one case management focused on securing employment; job readiness classes; resume preparation; and interview skills training. The organization would like to offer supportive service resources related to participants' job search, including interview clothing, transportation assistance, computer lab access, and phone bank use. Transitional job opportunities are offered throughout Chrysalis' program. d. The ORPU is a member of the Orange County Reentry Partnership (OCREP) this committee is a linkage of CBOs and advocates which function together to serve as a link between community resource providers and justice involved individuals striving to re-establish healthy, productive, and rewarding lives. • .Orange County Probation Department and Community Corrections Partnership: The Chief Probation Officer of Orange County also chairs the Orange County Community Corrections Partnership (OCCCP) under the authority of Section 1230(b)(2) of the California Penal Code. OC Probation will provide office space, telephone service, referrals and work in tandem with Orange County Reentry Navigators. • .Orange County Sheriff's Department (OCSD)_. The OCSD will incorporate the P2E project in the jails to screen eligible candidates. The OC Region operated a jail -based AJCC within the Central Women's Jail and the Theo Lacy Jail, funded by the Department of Labor. LEAP 1 and LEAP 2 programs supported recidivism reduction by offering workforce training and development. • .Labor Organizations and ioint labor-management partnerships•. Labor Organizations will provide apprenticeships and hiring opportunities for the formerly incarcerated and other justice -involved individuals. • .Employers:. Employers will provide subsidize and unsubsidized employment opportunities for justice -involved individuals. Page 12 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-46 EXHIBIT 1 • .Education Partners:. Adult Education Providers will coordinate efforts between workforce and education partners/stakeholders to provide training in demand occupations: Rancho Santiago Community College, Saddleback College, and North Orange County Community College District. • .Orange County Housing Authority:. The Orange County Housing Authority is a sister agency to the ORPU. Staff will work together to assist participants with housing needs. The ORPU will pursue a fully -integrated referral process that encompasses shared case management and will develop a multiple entry point system; a "no wrong door" approach for reentry and justice -involved clients in need of services. Correction partners have identified the need to co -locate allowing for Parole and Probation Officers to easily refer participants to employment services provided within their offices, this will allow for streamline of services between workforce and correction partners. This approach will allow direct referrals from Parole or Probation to a workforce navigator co -located within reporting centers. Furthermore, workforce staff from the local boards will be able to participate in Parole and Probation unit meetings that will facilitate the sharing of information. The OCRPU intends to serve participants who will reside in Orange County. However, if a participant moves out of the area, reentry navigators will refer participants to a One -Stop System/AJCC in their new Local Workforce Development Area (LWDA). Reentry navigators will contact the respective One -Stop System/AJCC and provide information to the participant about the One -Stop System/AJCC such as location, hours of operation, contact number, website details, and directions to access the One-Stop/AJCC. The ORPU will convene monthly meetings where all partners will come to the table to discuss participant accomplishments or issues, program updates, and upcoming events. Partners will have the opportunity to share best practices and lessons learned with regards to the service models that serve the region's justice involved population. The project will be in the Santa Ana Probation office, Orange County Day Reporting Center, and field offices (North County, West County and South County) as well as youth reporting centers (North Region and Juvenile Hall). III. Regional Implementation and Direct Services Plan 1. Describe the specific goals, objectives, and deliverables of project that will lead to improved outcomes for the justice -involved population, including successes in pre -apprenticeship, apprenticeship, and education (i.e. industry recognized certificates, credentials, and degrees), job placement etc. The ORPU intend to serve 350 participants who are under supervision by County probation or State parole. Depending on the outcome of their assessment they will be served thin work experience (WEX), on -the job training (OJT), training that leads to industry recognized certificate, or direct placement. Of those enrolled in training 75% will complete, 65% will enter employment, and 60 % retention in employment after six months. As income is very important to prevent recidivism and homelessness, an emphasis will be placed in WEX and or OJT. A pool of employers who employ justice involved individuals are known and staff will ensure WEX/OJTs are matched to work -ready participants. Recognizing that participants must re-enter the labor market fully armed with skills and competencies that make them true assets to employers. If classroom skills training, pre/apprenticeship and basic skills education are needed, Re-entry Navigators will help them enroll in short term training courses. Training plans will account for abilities and learning styles. The ORPU will pursue a fully -integrated referral process that encompasses shared case management and will develop a multiple entry point system; a "no wrong door" approach for reentry and justice -involved clients in need of services. Learning from the previous Supervised Population Grant 2.0, Correction partners have identified the need to co -locate allowing for Parole and Probation Officers to easily refer participants to employment services provided within their offices, this will allow for streamline of services between workforce and correction partners. This approach will allow direct referrals from Parole or Probation to a Re-entry Workforce Navigator. Furthermore, workforce staff from the local boards will be able to participate in Parole and Probation unit meetings that will facilitate the sharing of information. The reentry and justice -involved are often the least prepared for employment and lack financial resources to sustain participation in training over week or months. The One -Stop Systems in the ORPU will implement support services Page 13 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-47 EXHIBIT 1 protocols that provide direct support and referrals for transportation, clothes, uniforms, tools, and other necessities and referrals for housing, substance abuse and mental health services as necessary. Other system partners, such as OCCCP, Temporary Assistance for Needy Families (TANF), CalFresh, OC Child Support, TANF and Adult Education Block Grant (AEGB), and a cadre of CBO's also provide resources to leverage and braid to meet the clients' needs. 2. Describe how funds provided through this initiative will complement the work of, and integrate the individuals being served with, the broader workforce, education and employment system within the proposed service area, and evidence that the proposal incorporates innovative strategies or proven practices for service delivery that will lead to improved outcomes, sustainability, and systems improvement. Thru its One Stops and partners, the ORPU can braid its experience in the broader workforce, education and employment system which will lead to greater employment opportunities for the participants thru its connection to employers, career planning case management and follow up, convening of business stakeholders and employers, industry focused research/industry roundtables, customized employer -driven training projects and published research on labor/workforce demands. 3. Describe how regional partnerships to serve the formerly incarcerated will interface with existing regional sector pathways efforts described in existing W1OA regional plans and how information on priority industry sectors and occupations will be provided to partners. The ORPU participates in regional employer stakeholder forums in high growth industries and holds forums for specialty occupational demands. The top three industry sectors that have been identified in the regional plan are also friendly to the former incarcerated participants. They are 1) Manufacturing, 2) Hospitality & Tourism, and 3) Construction. The ORPU convenes quarterly a OC Regional Economic and Workforce Development Network that serves as a mechanism to streamline communication, ongoing collaboration across systems enhance workforce and economic development, and support sector initiatives. Members include educators (K-12, Adult Ed, Community Colleges), workforce and economic development professionals, Dept. of Rehabilitation, Social Services Agency, and EDD. Sharing of research, data and region needs will support the efforts of serving the formerly incarcerated. 4. Describe how regional partnerships to serve the formerly incarcerated will interface with existing CWDB grantees that serve this population, including Forward Focus, Workforce Accelerator Fund, and High Road Partnerships for Construction Careers grantees. We are incorporating best practices learned from LEAP 1, LEAP 2 and Supervised Population (post release) grants — the importance of co -location at probation and parole offices, quickly assessing work readiness and placement in a work experience, OJT and or education career training while also addressing barriers to success such as housing, substance abuse, transportation and family issues. We will coordinate with the community colleges that are working with inmates prior to release to prepare them for life outside of prison. We will work together to coordinate information and referral so as to have a better "hand off' upon release 5. Develop resources to inform employers about AB 1008 Fair Chance Hiring, federal WOTC, California NETC, Federal Fidelity Bonding through EDD, information about CBO's and other organizations that provide job placement services for formerly incarcerated people, and the benefits of hiring formerly incarcerated people. The ORPU has written and electronic material(s) that summarize the various rules/hiring incentives available to area employers who do hire formerly incarcerated individuals. ORPU staff and staff of the various CBO's and other partners working with us to develop OJT's or direct placement will be trained on all the employer incentives so that they can educated area employers on how to access and use the incentives. 6. Describe the process in which identification of and engagement with employers, industry sector partnerships, and labor-management partnerships who are willing to hire formerly incarcerated and justice -involved individuals, including those with felony convictions, and those who are currently under state or county supervision will occur. For this project the ORPU will leverage its Business Services team that works out of the respective comprehensive One Stop Centers to assist the Re-entry Navigators and CBO's to identify employers that are known to hire formerly Page 14 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-48 EXHIBIT 1 incarcerated individuals while also matching the skill set of the candidate to job openings. The ORPU has experience in working with this population and this grant will provide the ability to give greater focus to a segment of our community that has greater barriers to overcome and require support to reduce recidivism. The Business Service team and CBO partners already have a list of lmown businesses who are able to hire this population. The Business Services team works locally and regionally to place people. They use an interactive employment tool that simplifies the process of filling vacant positions using job listings, social media, mini- recruitment fairs to ensure fast, quality matches between employers and job seekers. They will expand their efforts to identify additional employers who will hire or offer on -site training opportunities for the former incarcerated. The ORPU Business Service team already meets on a regular basis. Justice involved friendly businesses will be added as a recurring agenda item to discuss and share employer names and job openings with the team working on this initiative. 7. Describe anticipated changes to existing MOD's with AJCC's and or new MOD's with other service providers including but not limited to addressing any challenges associated with local ordinances or policies relevant to executing new MOU's Working with formerly incarcerated individuals is not completely new to the ORPU. The opportunity to be co - located with probation and parole so as to meet the client on -site will greatly enhance our ability to better serve the individual. A Partner Agreement has already been developed with Parole and we are finalizing one with Probation and anticipate that being signed shortly. We will develop MOD's or agreements with area CBO's but do not anticipate problems nor do we foresee challenges associated with local ordinances or policies that may be in place. 3. Describe staff and training needs of RPU's, Local Boards, and partners to adequately serve this population In order to accommodate the demands of serving this population, extensive staff and training opportunities are necessary. The local AJCCs will require staff directly dedicated to serving this population, both in case management and business services. This ensures quick enrollment in order to begin the process to enter into career advising, training, OJT, or direct employment. Beyond staff needs, training is extremely important. In order to serve this population effectively, the OCRPU staff, Local Boards, and partners must become well versed in understanding best practices in working with the justice -involved. The Workforce -Corrections partnership will provide instruction and guidance on how to work, with this population. They will provide subject matter expertise to Local Boards and partners to assist in decision -malting. They will provide information through trainings and meetings. For example, they will provide details on the hardest -to -serve within this population and provide advice on how resources could. potentially be most effective. Furthermore, all involved must become knowledgeable of the resources available to both job seekers and employers that encouragejob placement. Specifically, OCRPU staff require training from the Employment Development Department (EDD) and additional partners to receive an overview of the various available resources. This includes, but is not limited to, AB 1008 Fair Chance Hiring, the Federal Work Opportunity Tax Credit, California New Employment Tax Credit, and Federal Fidelity Bonding through the EDD state bonding services. AJCC staff will also work with Community Based Organizations (CBOs) and other organizations in the OC Region that provide job placement services for formerly incarcerated people and catalog employers that are willing to employ the justice -involved population. With this information, AJCC staff can work in providing workshops on trainings for potential employers to encourage and support them in hiring the justice -involved population. 9. Describe the provision of an education and training assessment for each individual of the supervised population who will participate in the project Comprehensive and specialized assessments of skill levels and service needs of supervised population will include diagnostic testing, use of assessment tools; in-depth interviewing and evaluation to identify employment barriers and appropriate employment goals. Assessment will entail an examination of the participant's basic skills, occupational skills, prior work experience, employability interests, aptitudes, supportive service needs, level of commitment to gaining and retaining employment and/or reaching and maintaining economic self-sufficiency as well as any restrictions or special requirements as part of their parole or probation Page 15 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-49 EXHIBIT 1 Completed assessment will lead to the development of an individual employment plan identifying the employment goals, appropriate achievement objectives, and appropriate combination of services to achieve the goals, and support services needs to remove barriers to achieving successful outcomes. At a minimum, take into account the participant's: Family situation, Education, Basic educational skill, Prior work experience and skills, Occupational skills, Life circumstances of barriers to participation in training and/or work, Employability (attitude towards work, motivation, work maturity skills, financial resources and needs, Interest, career goals and aptitudes (including non-traditional jobs), Supportive service needs, and Personal employment information relating to the local labor market. IV. Regional Supportive Service/Earn & Learn Plan 1. Describe strategies for offering services that are accessible to people who are likely to face the greatest challenges in the labor market such as persons with disabilities facing barriers to employment or low-income disconnected women and men with little to no previous work experience or education attainment and who require immediate income assistance. To assist those that face extensive barriers, the three local boards will make collaborative efforts towards enhancing Competitive Integrated Employment (CIE). CIE seeks to combine resources between the OCDB, SAWDB, AWDB and its partners in addressing employment for populations affected by Intellectual Disability (ID) and Development Disability (DD). Specifically, collaboration with the Department of Rehabilitation (DOR) is necessary in order to expand this initiative. The DOR is currently a member of the Chamber of Commerce and connects with local businesses on a monthly basis in order to introduce their services. DOR utilizes these events to present information for On -the -Job training (OJT) and work experience opportunities. To address the needs of jobseekers with ID/DD or those that are low-income with little to no work experience or education, the three boards will continue to work alongside DOR in conducting trainings and outreach. Local AJCCs will host a DOR representative to take referrals and provide services, such as vocational training or employment services. Due to DOR's expertise in understanding the barriers of this population, they will continue to conduct trainings in order to educate and coach AJCC staff in handling this clientele. Case Managers will learn how to interact with the client and determine whether they should enter into training, job search, or receive a referral to another partner. In addition, Business Services Representatives will learn how to communicate with employers in order to incentivize lD/DD hires and provide guidance on how to hire and onboard this population. In addition, AJCC staff will assist in connecting the population with OJT and additional job placement opportunities to ensure that clients can immediately attain an income. This is extremely important when addressing the needs of low-income members of the supervised population that must enter into the workforce soon after post -release. 2. Describe the types of services that are currently funded by existing, new, and prospective regional partners, the baseline levels of service (number of individuals and types of service) currently being provided in the region to individuals from this population, and how funds furnished through the Prison to Employment Initiative will modify the types and quantity of services provided. These modifications should reflect ,the diversity of services needed to address the evolving needs of individuals prior to and upon release. The ORPU engages with various local and regional partners in order to deliver services for clients. For programs that previously assisted justice -involved individuals, the region has served over 350 clients across the Orange County Workforce Area utilizing WIOA funds. Current funding supports case management, business services, supportive services, and additional resources provided by partners. This includes, but is not limited to, indirect or direct payment for bus passes, uniforms, licensing fees, etc. If awarded, the funds are expected to serve an additional 350 justice -involved individuals within a similar capacity. Local AJCCs and partners will utilize P2E funding to cover internal and external expenses accrued for the supervised population pre and post -release. Page 16 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-50 EXHIBIT 1 3. Identify potential barriers to successful participation and completion of workforce education and training among the region's reentry population, and describe which supportive services (e.g. transportation, childcare, housing assistance, etc.) will be provided, the partners responsible for providing those services, and the process by which individuals will be furnished with those services. Included in this description should be a plan that articulates outreach and recruitment strategies for ensuring these services are provided to those individuals who need the services most Numerous barriers negatively affect members of the supervised population. Justice -involved clients often lack the necessities such as food, clothing, and shelter. This hinders successful and sustainable employment, making it difficult for individuals to become self-sufficient. In addition, stigmas that arise with their record make it difficult to attain employment opportunities. Family law issues, immigration, and child support debt also contribute to the barriers faced by the targeted population. The ORPU currently has a Supportive Policy within each Local Workforce Area. AJCC staff will immediately identify and offer support services, providing assistance with job search, training, and follow-up services. The ORPU will maintain collaboration and conduct outreach to current and future partners to ensure that resources are available to assist this population. Case Managers will determine the client needs and work alongside Business Services Representatives in order to help place with job placement. A referral process that maintains communication amongst local and regional partners will assist in providing services to those that are most in need. Outreach to potential employers will also establish a pipeline for employment, educating them on how to hire and onboard this population. Supportive services designated will include childcare, transportation, clothing/uniforms, testing/licensing fees, eyeglasses, and additional grant allowable procurements. 4. Identify existing and potential opportunities to collaborate with parole and probation partners to 25 18 P2E RFA #84049 determine pre-release when formerly incarcerated individuals are being released into the community and how workforce partners will work with parole and probation to link those being released to workforce services that align with the level of support each individual needs. The ORPU will continue communicating with parole and probation in order to understand the needs of the supervised population pre-release to attain stable employment post -release. Workforce partners can assist in a variety of ways to hinder recidivism rates and ensure long-term success for the targeted population. AJCC staff can provide onsite and remote access to information of services and resources available through the local AJCCs and mandated partners through focused outreach efforts. They can assist in the delivery of basic career services including program orientation, information of universal access services, partnerships, and referrals to additional partner services, and resources available through the AJCC delivery system. To determine an individualized career and/or educational goals, AJCC staff can provide initial assessments of skill levels including literacy, numeracy, English language proficiency, aptitudes, and skill gaps. They can also provide comprehensive assessments and determine service needs through diagnostic testing, evaluation of employment barriers, and establishing appropriate employment goals In addition, staff can provide transitioning to career services for four quarters after the client's first day of employment. Furthermore, AJCC staff will develop an Individual Employment Plan (IEP) to identify employment and educational goals, appropriate achievement objectives, support service needs, selection of an eligible training provider, OJT opportunities, and available pre -apprenticeships to achieve established employment goals. Staff can facilitate client focused career counseling, job search activities, and placement assistance in collaboration with local partners, workforce development programs, and resources. This will occur through follow- up services to provide additional career counseling assistance, support services, and/or information of available resources through partners. Finally, the ORPU can strengthen collaboration between the One -Stop Delivery System delivery system (AJCC), economic development activities, and local area employer needs to develop trainings including classroom, pre -apprenticeship, and OJT that integrate the Prison to Employment population into the local area workforce community. 5. Identify existing intake and case management needs for serving the justice -involved population, and describe how case managers will obtain current information about the education and training an individual received while incarcerated so as to build on both prior assessments of needs and pre-release education and training when determining which services and training to provide as well as how to best position individuals for job Page 17 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-51 EXHIBIT 1 placement. This should include the sharing of transcripts or other training information acquired while incarcerated (e.g. certificates, diplomas, degrees, documented work experience, etc.) with LWDBs. Upon referral to a Case Manager from the Regional Parole offices the parolee population will be assigned to a Case Manager and will be scheduled to attend an orientation and program registration. After registration, the Case Manager will work with the parolee to determine an appropriate plan, which will include an objective assessment and individual employment (IEP). The IEP will identify training opportunities available through the AJCC system that may be appropriate for the clients. Case Management and Business Services will assist in a variety of ways. Services include individual career counseling, resource referrals, job development, employment assistance, supportive services, follow-up services, and assistance in compiling essential documents needed to secure employment. 6. - Describe how supportive services will support job retention. Supportive services are based on individual needs assessment services necessary to enable an individual to overcome barriers to pursuit and development their career goals. Supportive services may include but not limited to assistance with transportation, childcare and dependent care, housing assistance, clothing, medical and other services that are necessary to enable an individual to participate in the various activities under WIOA. Supportive services will be instrumental to ensure the success and sustainability of the P2E program through a variety of methods. Before services are provided, the OCRPU Case Management staff will meet with their respective clients and develop a resource plan. To best address their needs, case managers will utilize internal resources and/or connect the individual with both local and regional partners. Supportive services include, but are not limited to childcare, transportation, clothing, fees, and eyeglasses. Covering the cost of childcare would help ensure that individuals, both men and women, can enter in the workforce with flexible hours and increased availability in order to assist them in providing for their families. Furthermore, covering the costs of transportation is a counteractive measure against the barriers currently faced by the workforce. Potential methods include providing bus passes, gas cards, and reimbursements for metro cards in order to offset the costs of going to work. Beyond transportation, the costs for professional attire or uniform can also hinder the success of clients. For example, some individuals cannot afford to purchase mandated footwear necessary to work in construction, which prohibits them from working. The OCRPU staff will work with agencies such as Working Wardrobes and connect clients with additional financial resources to cover the costs incurred by mandated attire and footwear. Supportive services can also include covering the costs for test and licensing fees so that individuals are able to work without incurring a prior cost. Finally, should the individual lack appropriate eyewear, support services can assist in procuring glasses for the client. V. Data Collection and Evaluation The ORPU has identified the Santa Ana Workforce Development Board as the fiscal entity for the grant responsible for the collection and reporting of all program data. As part of the data collection methods, the ORPU will utilize CalJOBS, the State of California's intemet-based case management system, to track and report all Prison to Employment outcomes. Characteristics and demographic information, activities, employment, and retention shall be tracked in CalJOBS. CalJOBS is California's labor exchange system. Participants will be registered in CalJOBS with assistance from the reentry navigator upon enrollment into the program. Participants will use their login information to 1) access their resumes that were completed and uploaded by their reentry navigator; 2) access labor market information; 3) conduct job searches; and 4) research prospective employers and/or training programs. Reentry navigators will work closely with partners, particularly the OC Sheriff's Department and OC Probation, to help identify and track participants that exit the Orange County area to track the participant's continued assistance. All outcomes will be collected in CaIJOBS. The OCRPU will also coordinate closely with correction partners to track participants who may have been re - incarcerated. VI. Innovation &Sustainability 1. Describe the elements or strategies to sustain the program beyond the term of the grant and/or to develop the infrastructure to increase the scale and capacity of job placement services to the supervised population. Page 19 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-52 EXHIBIT 1 The OCWDB, SAWDB, and AWDB design the workforce framework and facilitate the coordination of public policy that affects workforce development issues through various local and regional initiatives. In direct relation to this program, the region will establish a formal system with other agencies including, but not limited to, housing, transportation, economic & community development and local education in order to ensure long-term sustainability of the program. These partnerships will permit access of leveraged funds and resources in order to provide the services necessary to train and upskill the population prior to entering the workforce. Furthermore, the region will promote partnerships with employers, local agencies, educational providers and the community to coordinate resources that address sustainable employment issues. In order to assist the supervised population, attain employment, Business Services staff will work to build private -public partnerships to encourage local employers to train and hire. The region will work in coordinating workforce development activities with both the local and regional are. In addition, collaborative efforts will focus on advocating for current and future workforce needs of employers and job seekers. 2. Describe innovative approaches the program will use to draw funds from existing realignment or other sources New methods of aligning goals and services with local and regional partners will be imperative to the success of the program. The OCRPU has identified the need to co -locate with partners, which would permit Parole and Probation Officers to easily refer participants to employment services provided within their offices. This will allow for a streamline of services between workforce and correction partners, ensuring that funding potential is maximized and efficiently expended. This approach will allow direct referrals from Parole or Probation to a workforce navigator co -located within reporting centers. Furthermore, workforce staff from the local boards will be able to participate in Parole and Probation unit meetings that will facilitate the sharing of information. The targeted population is often unprepared for employment and lack financial resources to sustain participation in training for an extended period of time. The One -Stop Systems (AJCC) in the OC Region will implement protocols that provide direct support and referrals for housing, transportation, clothing, uniforms, tools, and other necessities. In order to further leverage resources, additional partners, such as OCCCP, Temporary Assistance for Needy Families (TANF), CalFresh, OC Child Support, and Adult Education Block Grant (AEGB). Realigning service strategies and resources will permit the OC Region to serve the targeted population in a greater capacity. In addition, utilizing their expertise and time, partners can further collaborate with local AJCCs in delivering workshops and trainings to better education both justice -involved job seekers and employers. 3. Describe how the program will build off of existing efforts to serve this population, create new or adapt existing approaches, and/or accelerate the application of promising practices in workforce development and skill attainment for the supervised population. The ORPU will continue exploring methods to aid the supervised population. Efforts include reaching out to local and regional partners to expand programs that assist and connect justice -involved individuals with pathways to attain self-sufficiency. Specifically, the ORPU will focus on middle skill occupation, which historically pay higher wages than the regional average. This will be particularly beneficial to individuals without a four-year college degree. It will assist increasing their overall standard of living and quality of fife. AJCC staff will work closely with clients to connect them with employment opportunities in the Manufacturing, Construction, and Hospitality and Tourism sectors that are traditionally accommodating to this population. The OC Region will work to develop a coordinated outreach effort to expand the list of businesses that have a history of hiring justice -involved individuals. AJCC staff will be knowledgeable of opportunities and incentives available for businesses who are willing to hire the target populated. As such, the OCRPU will make it a priority to work with businesses who offerjobs with good wages and benefits. The three boards, the Employment Development Department (EDD), and additional partners will collaborate and disseminate information to local businesses and partners about the various available resources, such as AB 1008 Fair Chance Hiring, the Federal Work Opportunity Tax Credit, California New Employment Tax Credit, and Federal Fidelity Bonding through the EDD state bonding services. Staff will also work with Community Page 19 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-53 EXHIBIT 1 Based Organizations (CBOs) and other organizations in the OC Region that provide job placement services and catalog employers that are willing to employ justice -involved population. The ORPU is currently working alongside the OCSD, OC Probation, and CDCR at the local level to identify potential opportunities to improve coordination between the three local workforce development boards, service providers, and correction partners. A potential method would involve Memorandums of Understanding (MOUs) that would enhance the workforce -corrections partnership and permit staff to participate, train, and share information between CDCR, OCSD, Probation, and the OCRPU. It may also provide the opportunity to co -locate to serve the target population. Staff development is imperative to adequately serve the justice -involved population; therefore, the OC Region will work closely with partners to coordinate trainings that allow for professional development of staff. The ORPU will provide staff with the opportunity to attend trainings provided by partners, such as the National Institute of Corrections trainings, and cultural sensitivity training that are required to ensure that staff remain updated and are aware of best practices and skills needed when working with the reentry population. Beyond the previously mentioned efforts, enhancing the Multi -Core Curriculum (MC3) would also be impactful to serve this population. The OC Region currently collaborates with Coastline Community College and Santa Ana Community College in order to support MC3. As courses become available, the local AJCC conducts outreach efforts in order to educate job seekers and assists in filling the seats available. The AJCC personnel is instrumental in the initial review of potential candidates and helps to ensure that they qualify for the program. Career Advisors undertake the targeted population in determining the best next steps in order to attain employment that will lead to self-sufficiency. 4. Identify additional sources of funding that may be accessed to supplement the funds provided by this grant and describe how regional partners will work in concert to access those fund In order to account for the variety of resources that will be necessary for effective program implementation, the three local workforce boards will collaborate with partners to supplement funds provided by this grant. Beyond application of the previously mentioned methods, the three local boards will look into additional avenues to supplement costs. The region will pursue funding to address underserved targeted populations in the workforce development area. The region will also look into building future partnerships with additional government departments. Aligning goals with Public Safety departments will assist in potentially accessing funds and services that seek to address similar issues. Public Safety works with these individual prior and post release, investment of either their time and/or funding would only further improve the opportunities for success. Page 110 Prison to Employment Initiative Direct and Supportive Services Grant Orange Regional Planning Unit 25G-54 ORANGE COUNTY SHERIFF'S DEPARTMENT SHERIFF -CORONER DON BARNES 10 From: Greg Boston, Division Director Orange County Sheriffs Department Inmate Services Division 1530 S. State College Blvd Anaheim, CA 9280 To: Carma Lacy, Director of Workforce Development Orange County Development Board OC Community Services --Community Investment Division 1300 S. Grand Avenue Building B, 3rd Floor, Santa Ana CA 92705 Re: Prison to Employment Initiative Grant The Orange County Sheriffs Department (OCSD) is committed to working with the Orange County Regional Planning Unit (RPU), to include the Anaheim Workforce Development Board, Orange County Development Board, Santa Ana Workforce Development Board, and other grant partners to offer in -kind services In conjunction with the Prison to Employment Initiative. As a partner for this grant, the OCSD will provide the following on an in -kind basis: 1. dedicated and secure office space for Career Planners including: desks, phone connections, access to classrooms, and access to private consultation rooms; 2. designated Inmate Re-entry staff who will provide specialized services such as individual assessments, pre- release planning classes and cognitive behavioral therapy classes. 3. coordination between Inmate Re-entry staff and Career Planners for seamless service delivery and referrals; 4. security assessment and safety protocols/training for Career Planners; S. secure access to Career Planners for the buildings, parking, and file storage; and 6. the assessment and selection of inmate candidates for the project based on release dates, risk factors, and need who will then be referred to the Career Planners for eligibility and enrollment into the program. These services are valued at approximately $70,000 per year. The OCSD and the RPU have agreed upon the following plan for service delivery under this grant: integr ty wahovt compromise Service above self PmfeSSional SM Ln the performance of duty I V:g'once in sofeguard ng our community 25G-55 V ORANGE COUNTY ` SHERIFF'S DEPARTMENT SHERIFF -CORONER DON BARNES v � _ ,v Location and Facility Operational Structure- This grant will serve offenders who are jailed in the Central Women's Jail and Intake & Release Center at 550 N. Flower St, Santa Ana, CA 92703 as well as the Theo Lacy Facility at 501 The City Drive South, Orange, CA 92868. All services under this grant provided to inmates will be delivered onsite in dedicated offices in this facility until they are released. At that time, services will be delivered by the OCDB by dedicated career planners at the Orange County One -Stop Centers located In three cities throughout Orange County (Irvine, Garden Grove, and Buena Park). The Intake & Release Center and Central Women's Jail is a secure jail complex housing approximately 1290 inmates; while the Theo Lacy Facility houses approximately 3400 inmates. Inmates incarcerated at the facilities are classified into various housing locations depending on their past confinement history, current charges, criminal sophistication, and a host of other indicators. Once classified, inmates are housed in areas ranging from multiple bunk dormitories to one or two -man cells. Inmates have access to television, outdoor recreation, local newspapers, mail, commissary purchases (minor grocery store food items and sundries), and special programs. Inmates also receive medical, mental health, and dental care. Schedule of Activities: All activities under this grant will be provided to inmates during normal business hours to best coincide with the services and schedules of the Inmate Re-entry staff of the Sherriffs Department, Coordination: The Sheriff's Department Inmate Re-entry staff and OCOB Career Planners will work together as a team to serve the population under this grant. The team will be physically situated together in adjoining office spaces in the same area of the facility and will work together on a daily basis on the needs of each individual participant. We look forward to collaborating on this important initiative to serve the employment needs of the County of Orange's formerly incarcerated and otherjustice involved populations. Please do not hesitate to contact me for further information or questions. Greg Boston Division Director Inmate Services 9-1 - [?- Date 9 Inlegri Py withou l compromise I Service above self Pro(essionolsm in the performance of duty I V ylonce in sole 9vord n B our commun ,ry 25G-56 EXHIBIT 1 a] February 14, 2019 CRANOECOUNTY E-6711401111 Carma Lacy, Director of Workforce Development Orange County Development Board OC Community Services --Community Investment Division 1300 S. Grand Avenue Building B, 3rd Floor, Santa Ana CA 92705 Re: Prison to Employment Initiative Grant —Letter of Support STEVEN J. SENTMAN CHIEF PROBATION OFFICER TELEPHONE: (714)509.2000 1055 N. MAIN STREET, 67H FLOOR SANTA ANA, CA 02701 MAILING ADDRESS; P.C. BOX 10260 SANTA ANA, CA 92711-0260 The Orange County Probation Department (Probation) is committed to working with the Orange County Regional Planning Unit (RPU), to include the Anaheim Workforce Development Board, Orange County Development. Board (OCDB), Santa Ana Workforce Development Board, and other grant partners to offer in -kind services in conjunction with the Prison to Employment Initiative. As a partnerfor this grant, Probation will provide the following on an In -kind basis: 1. Provide space in Probation office(s) for OCDB staff to Implement program services. 2. Pre-screen and conduct initial interview with supervised population candidates for this program. 3. Provide referral information In writing to OCDB for each participant identified as appropriate for Job training and placement services to be provided by OCDB. 4, Collaborate with OCDB staff in -person and electronically on a regular basis to Identify and develop specific program procedures and policies to govern the operational aspects of service delivery. These services are valued at $45,000. Probation and the RPU have agreed upon the following plan for service delivery under this grant: Location and Facility Operational Structure: Santa Ana Probation Office 909 N. Main Street Santa Ana, CA 92701 25G-57 EXHIBIT 1 Schedule of Actives: Activities will occur during probation's business hours of operation. Coordination: Erik Wadsworth Division Director Erik.Wadsworth r l?.L b.oc�ov,UM (71.4) 569-2140 Martin Corrales Assistant Division Director Martiri.Corralest@nr6,ocov.com (714)569-2222 We took forward to collaborating on this Important initiative to serve the employment needs of the County of Orange's formerly incarcerated and other Justice involved populations. Please do not has' ate to contact me at (714) 645-7004 or by email @ Sue.DeLaqy~7a orab.ocgov.com. Sue DeLacy T Date Chief Deputy Probation 0 Ic r 25G-58 EXHIBIT 1 PAkTIV�RSIInp AA13E&,J+,� Bg'NVBBN 0RAJ,G,g'•1t9GIQNA& PLANNINe'UNIT ,AND SOUTHEPN R NION oranse 11,60104f Plannlhg Prilt, their Local Worktorcd Davelophleht. Board's (WDBsJ anaahq A!ref)Fals Jeb•q'eriterL,of Callfdmla (AJCC) In the tag)an,prpvJdlnU *0rktoMb pl,anning•services. This Partnership Agreement Is'Wte'red Into by and laottjeen the following partncrst Orange peglorjal PI'ahning Unit;, to.l6clude Anaheim Workforce DeV'elopment Board, Orange Coupty. WorkWee' Development'' Board, $pnta AhOM6rkfarce DovelopWent Board, and•ihe'DNJslon of.Adult Parole Operations (DAPO), Southern IWgldn. Nothing ih Oils Paraiersh)p Agreernent.sbovId. be construed as limiting oT Impeding the basic•splOt of nooperation that'ekists betWeen the patOclpatlhg,partners, 11 P To create,opportuhltieg for the, parolsi.p'opulotfon,to imprpve th'elr gcallflcations for apprenticeship prggramg, communityaollegc'caredr prGgramsr direct J4,b'P]Acamant as Weil as Worki'me innovatlon orld. i9pportun)ky Act {WIAA) ,program 4rafegfet available to ghis population,. Partners -will Ifhk.education, Job training and work Ahperlenpeirk-ptisonto.po'streleaseJops;byia teringasystemofcoordlnatedmNlce ddllvery-to,tH1s population thatPaces-e variety of,ttarriers to employment, 25G-59 EXHIBIT 1 The poison to Employment Ihitlative `M) Villl ehdeavof to accorhpirsh the major obJeCt1w of the GdliCOM.1a Wlt)A U,nlp ad 5t ateglc W, arlgfo ce Isevalapmknt P,lair In order to tadugo relldivtam, fadec,a vlc'flmlaatlon, facllltata rehttegration and enhance public aatakY�'orkyarcadavalopmant•partgar5wl11•pravltlefaausad$arutcea'to'&ha�rgeptrY Opulatiomto ensur,ar � Fost'aring demand�,d'rivan •pkills sttalnmgnt. Wdrkfota'a and e�uawatinn;pl•b�rams ne>3rk to align pragrarn'cdnta'rit with'tha stata'a Industry sector naads'so as to provide Cslltarnla"s ernplafers and buslnesse5 with the:skllled wof&rce It needsta-pomp'ete In'tho,gigtiol ecohomy. ». i:napling upward�mopJUty for.all CalEfornlbns,.•IncNirdJngpbpfilatlali's;�wfth harr.(g'fa•. to employment.. Workforge apd, edpcetIon programs, pried to be accpsslble for'all Callfamlans and epsurethat aMyone has ac¢essso a;markatalzlesatufspills acid able to access the level of educatlon•netassary to and secur'lty. Allgnlrig, caotdhiating, and, Iltagrbtin; p'rogrotns •brid servitbsrta kanornlae Limited resources While also pp4vldinr;'the right"5drvlces to cllenta, based uri each d1lemes particular and patentlslly unlque nee0s•go asap factllt4ta.sk1lis-attalnt6ent, ra. �,f_ :.. -All particlpanis, 64mowled4e that the Local Workforce pevel'ophient Boards are responsl4ly •for the-pollcl'es add general dl'rection fer.khe Loc;tl yVOB and AJCC10he 5tgps, The levaraged contribution to th18•,praJ,eol; Will be staff tlme and delivery of progiom e}etvicesr DAPO staff wll; cooperate. with WC staff to ensure parolees (Justlae htivolve,d)ate'referredtb,andhave reIevbnttnfdrmatl'erlavaliabl taprogress'thraugh tralging,Rducafianal end jobopportunitias, The AJCC leveraged' Whtributlans are provided by AJCC staff tlMp and ti"ttg resources to love, porticipants access to computers, phones, currant. Job iislfrigs, -employer recrpltments and valuabte 'workshops, AJCG staff 'v+nll pravlda Base fnanage(nent and work wlthpartlgipants ta;dev®lop an eprptoyrnadt and training plan, .eggelve Jqh aoaahing, *pravlep apprgpdute suopgrtlk sarvlce;, padres barribet tb. employment, and' provlde.potess'ta ohwthe-)op training,, ocgypationgl traInIq and 25G-60 EXHIBIT 1 employment opportunitles, AX6..8taf'f will report servipees, progreq and outgomea1n approptlatd 4Atatrases, 'V. lift Thlg, pgrtnprship ,Agraament will, remain; in eifeak. fpr tvaq yeyrs, Re11 al' ilk f lea egreatrlontIvAl be aotomotla nontlogent upoq con4lnual'stafe fµnding;$orhhe prigon to Empioymeht l nitlativa, 25G-61 EXHIBIT 1 Planning Un it Parknerahlp �lgroema)Ih Sigf stories; ;e C7,1~peiC)pltlehC60a,(tl Planning.Unit Qrange.County Workforce prangs / Regibnal,Plannini Director/Executive.Director Santa Ana Workforce Devzlop'ment Board. grange, Reg[6n4l Planning Uhy t 2,k1-20\� Pate n 25G=62 - EXHIBIT 1 30 Os M ufYProgranlPSrolaA ih'IsYeakor RlVfslori of Ailul't. PahoYa tiparation's, SoutlYeYp R'®gtdn Date, :KAREN I.OACKER Rate 'Heglpgeignbe [*Won of AdultParole Oper4tfons, Southern Claglop 5 25G-63 EXHIBIT 1 WORKING Garden Grove ALTERNATIVES, INN, Residential Re -Entry Center From: Christopher H. Talley, Assistant Director Working Alternatives, Inc. 11112 Barclay Drive Garden Grove, CA 92841 To: Carma Lacy, Director of Workforce Development Orange County Development Board OC Community Services-•Community Investment Division 1300 S, Grand Avenue Building B, 3`d Floor, Santa Ana CA 92705 Re: Prison to Employment Initiative Grant Working Alternatives, Inc. is committed to working with the Orange County Regional Planning Unit (RPU), to include the Anaheim Workforce Development Board, Orange County Development Board, Santa Ana Workforce Development Board, and other grant partners to offer in -kind services in conjunction with the Prison to Employment Initlative, As a partner for this grant, the Working Alternatives, Inc. will provide the following on an in -kind basis: 1. Provide a consistent flow of clients in need of services. 2. Collaboratively identify vet clients to ensure their services go to the neediest. 3. Publicize their mission through our CRB (Community Relations Board) We look forward to collaborating on this Important Initiative to serve the employment needs of the County of Orange's formerly Incarcerated and otherjustlee Involved population. Please do not h�sitaje to contact me, Christopher Talley, Assistant Director, 714-537-3G05. —4 Date 11112 Barclay Dr. • Garden Grove, CA 92841 -TEL (714) 537.30051 FAX (714•) 537-9538 r Email: k,washington@workingaiternatives,org 25G-64 WorkingWardrobes' W -, Th FNx rof a Paycheck January 26, 2019 Ms. Carma Lacy Director of Workforce Development Orange County Development Board OC Community Services — Community Investment Division 1300 S. Grand Ave., Bldg. B, 3rdFloor Santa Ana, CA 92705 Dear Ms. Lacy, Working Wardrobes for a New Start is a non-profit organization located in Irvine, CA, that empowers men, women, young adults, and veterans overcoming difficult challenges to confidently enter the workforce and achieve success. We are committed to work in collaboration with the Orange County Development Board, the Santa Ana Workforce Development Board, and the Anaheim Workforce Development Board, along with other named partners, to facilitate the Prison to Employment program. We have served the justice -involved population for over 25 years and have successfully developed curriculum targeted specifically to the incarcerated, recently released, and both in - and out -of -custody job seeker. We are able to provide case management, workforce readiness training, job training, and soft skills modules to assist the men and women with multiple barriers to employment. We also offer job development services and placement assistance with numerous employer partners. Our wardrobe services are the final touch. In December of 2018, we concluded a two-year commitment to the Orange County Development board to facilitate the LEAP2 program for incarcerated women in the Orange County Women's Jail and the Intake and Release Center. We served 96 women and provided job training, workforce readiness and soft skills training along with job placement services. Prior to that, we served over 200 recently incarcerated youth (18-24) through the Division of Juvenile Justice with similar workforce readiness services. We strongly support the application for the Prison to Employment program and look forward to working with our county and city partners to achieve success. Sincerely, (� Mary Ann Profeta VP, Career Success Institute Working Wardrobes 1851 Kettering • Irvine, CA 92614 • (714) 210-2460 • Fax (714) 434-2870 www.workingwardrobes.org • www.thehangerboutiques.org 25G-65 EXHIBIT 1 yx�IR(SXA�Q'',� A on ca wTv MBT. AUYs. WwwPaolacTrc HgweARe HOPE LIVES HERE From: Mary Vu, LCSW Director/Co-Founder Project Kinship 2215 N. Broadway'St, Suite 2 Santa Ana, CA 92706 To: Carma Lacy, Director of Workforce Development Orange County Development Board 1300 S. Grand Avenue Building B, 3Yd Floor, Santa Ana CA 92705 Re: Letter of Support forthe Prison to Employment Grant Funding Opportunity Project Kinship is committed to working with the Anaheim Workforce Development Board, Orange County Development Board, and Santa Ana Workforce Development Board and other grant partners to services In conjunction with the Prison to Employment Grant Funding Opportunity. To support this project the Project Kinship commits to providing the following: 1. Case Management: Referrals and Linkages to Community Resources 2. Individual and Group Counseling Services 3. Peer Navigation and Mentoring Services 4. Education Preparation Strategies S. Employment Preparation Strategies We look forward to collaborating on this important Initiative to serve the employment needs of the County of orange's high -risk inmate population. Please do not hesitate to contact me 714) 941-8009, Mary Vu, LCSW Date Director, Co- Foun mary@projectl(lnship.org 25G-66 ,i C H RYSA_L I S a nonprofit organization Changing Lives Through Jobs ChangeLives.org January 29, 2019 Carma Lacy Director of Workforce Development Community Investment Division 1300 S. Grand Avenue, Bldg. B Santa Ana, CA 92705 Re: Prison to Employment (P2E) in Orange County — Letter of Support Dear Ms. Lacy: On behalf of Chrysalis, I am pleased to write this letter of support for Orange County's proposal under the Prison to Employment (P2E) initiative. If awarded, funding would provide critical resources, enabling the region to better serve the formerly -incarcerated. The initiative will succeed by fostering partnerships between the local workforce development system, CDCR and parole, County Probation, community -based organizations (CBOs) like ours — along with a range of other partners coming together to serve the formerly incarcerated and justice -involved local population. Chrysalis has been serving the reentry community for 35 years as a non-profit organization dedicated to creating a pathway to self-sufficiency for homeless and low-income individuals by providing the resources and support needed to find and retain employment. At Chrysalis, we empower our clients to overcome their barriers to employment and complete a self -directed job search. In fall 2018, Chrysalis opened its first location in Orange County, located in Anaheim. Leading up to opening, and since, the local workforce development and reentry services community has welcomed us with open arms. We are thrilled to be a part of this innovative community and to do our part to meet the needs of local residents. As part of the proposed partnership, Chrysalis agrees to provide the following services to eligible participants: • one-on-one case management focused on securing employment; • job readiness classes, resume preparation, and interview skills training; • resources related to participants' job search, including interview clothing, transportation assistance, computer lab access, and phone bank use; and transitional job opportunities, as available, through our Chrysalis Enterprises program. If you have any questions or need additional information, please contact me at michaelgwPChaneeLives ore or 213-806-6341. Sincerely, Michael Graff -Weisner VP, Strategy & External Relations Downtown Los Angeles Orange Caanty San Femondo Valley Santa Monica 522 5. rvlorn S! 290 5 Anaheim filed 1 3545 Van Nays 9bd Ste. 1 1853 Lincoln B1v6. Los Angeles, CA 90013 Anaheim, CA 928M Pacoima, CA 91 331 Sumo mantra, CA 9049A 1213) 806-6300 (7141 204-3000 1818i 794-4200 p101 d01-9400 25G-67 Garden Grove — Chamber of Commerce — raomea iaoi From: Cindy Spindle, CEO/President Garden Grove Chamber of Commerce 12866 Main Street, Suite 102 Garden Grove, CA 92940 To: Carma Lacy, Director of Workforce Development Orange County Development Board OC Community Services --Community Investment Division 1300 S. Grand Avenue Building B, 3rtl Floor, Santa Ana CA 92705 Re: Prison to Employment Initiative Grant The Garden Grove Chamber of Commerce is committed to working with the Orange County Regional Planning Unit (RPU), to include the Anaheim Workforce Development Board, Orange County Development Board, Santa Ana Workforce Development Board, and other grant partners to support the Prison to Employment Initiative. As a partner for this grant, the Garden Grove Chamber of Commerce will support the OC RPU through earnest and enthusiastic consideration of referred formerly incarcerated and other justice involved individuals for employment and work -based learning opportunities. We look forward to collaborating on this important initiative to serve the employment needs of the County of Orange's formerly incarcerated and other justice involved population. Please do not hesitate to contact me, Cindy Spindle, CEO/President — 714-638-7950, Cindy Spindl CEO/Preside ,4J� Date 12866 Main Street, #102 Office: 714-638.7950 www.GardenCroveChamber.com Garden Grove, CA 92840 Fax: 714-636-6672 25G-68 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE A FIVE-YEAR AGREEMENT WITH AXON ENTERPRISE, INC. IN THE AMOUNT OF $1,272,036.01 TO PROVIDE TASER 7 EQUIPMENT TO THE SANTA ANA POLICE DEPARTMENT {STRATEGIC PLAN NO. 1, 51 /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO 1�1��►U1�1:3q;7 RECOMMENDED ACTION Authorize the City Manager to execute a five-year agreement with Axon Enterprise, Inc. to provide Taser 7 equipment to the Santa Ana Police Department, for the period of December 17, 2019, through December 16, 2024, in the amount of $1,272,036.01, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department currently uses models X-26 and X-26P Taser equipment developed and distributed by Axon Enterprise, Inc. This equipment provides law enforcement personnel with a less -lethal enforcement alternative with a reduced risk of injury to officers and suspects. Approximately 400 of these Taser units have reached the end of their useful life and are scheduled for replacement. While researching alternatives, the Police Department Training Division identified the Taser 7 as the most viable replacement option. Approval of this contract will increase the Police Department's General Fund budgeted allocation, beginning in Fiscal Year 2020-21 through Fiscal Year 2023-24. It is anticipated utilization of this equipment will reduce liability claims and thus funding for the current year (Fiscal Year 2019-20) will be made by the Liability Fund. The Taser 7 provides several enhanced features that are not available on the current X-26 and X- 26P models, such as improved dart design and laser aiming that offers better accuracy and improved penetration through thick clothing. Taser 7 is equipped with an ARC feature that provides officers with the ability to warn suspects before deployment, aiding in de-escalation efforts. With the addition of these enhanced features, Axon anticipates an increase in Taser deployment effectiveness from 54 percent to 75 percent. In addition to the mechanical improvements over the X-26 and X-26P, the Taser 7 provides improved deployment documentation by interfacing with computer software already employed by the Police Department's body -worn camera program. The Police Department and the Human Resources Risk Management Division anticipate the Taser 7's enhanced features and documentation capability will complement the Police Department's de- escalation training and ultimately decrease the City's liability exposure related to use of force 25H-1 Agreement with Axon Enterprise, Inc. for Taser 7 Equipment December 17, 2019 Page 2 incidents. In addition, the Police Department and the Human Resources Risk Management Division anticipate that the additional features and effectiveness of the Taser 7 will contribute to a decrease in the number of use of force incidents requiring officer contact, thereby reducing workers compensation claims and the amount of time officers are off work due to work -related injuries resulting from use of force. Axon Enterprise is the only company that manufactures a Taser device, and the Police Department has completed the necessary Request to Exception to Competitive Bidding Process document. Axon Enterprise has been serving the law enforcement community for 44 years and has an outstanding reputation in the industry. The Police Department has a separate agreement with Axon Enterprise for body -worn camera equipment and services. Axon Enterprise has been responsive and accommodating in the servicing of that agreement, and staff recommends approval of this new Axon Enterprise agreement for Taser 7 equipment. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 — Community Safety, Objective #5 (Provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds for Year 1 of this agreement are available in the Human Resources Risk Management Liability & Property, Contracted Vendor Personnel Services account (no. 08009051-62302). Funding for Years 2-5 of this agreement will require funding to the Police Department Training Division contract services account (no. 01114410 62300) budget during the FY 2020-21 budget process. David Valentin Chief of Police Santa Ana Police Department Steven Pham Executive Director Human Resources Department Fund Year Amount FY 2019-20 $170,796.01 FY 2020-21 $275,310.00 FY 2021-22 $275,310.00 FY 2022-23 $275,310.00 FY 2023-24 $275,310.00 Total $1,272,036.01 APPROVED AS TO FUNDS AND ACCOUNT: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. Agreement with Axon Enterprise, Inc. 25H-2 DccuSign Envelope l D: A17787FA-E2E4-465E-9081-70753D6210B5 Exhibit 1 MASTER SERVICE AND PURCHASE AGREEMENT WITH AXON ENTERPRISE, INC. FOR PURCHASE, TRAINING AND MAINTENANCE OF THE TASER 7 CONDUCTED ENERGY WEAPON THIS AGREEMENT is made and entered into on this 17' day of December, 2019 by and between AXON Enterprises, Inc., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in Taser conducted energy weapon hardware, equipment, training, and maintenance. Axon Enterprise, Inc., has developed and distributes less lethal enforcement alternatives to law enforcement agencies with a reduced risk of injury to officers and suspects: B. Consultant, which has an outstanding reputation in the industry, represents that it is able and willing to provide such products and services to the City. Consultant is the only company that manufactures a Taser device and has been serving the law enforcement community for 26 years. Santa Ana Police Department has completed the necessary Request to Exception to Competitive Bidding Process, as Consultant is the sole provider of said services. C. In undertaking the performance of this Agreement, Consultant represents it is knowledgeable in its field and that any products provided and any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES a. During the term of this Agreement, Consultant shall perform, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately provide the products and complete the services described and set forth in Consultant's TASER 7 Agreement, identified as Exhibit A, which are attached hereto and incorporated by reference. b. The Parties to this Agreement understand and agree that any reference to any products or services owned, maintained and offered by Consultant, which are not specific to the TASER 7 equipment and services, are not applicable to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for products and services provided to City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,272,036.01. b. Payments by City shall be made within thirty (30) days following receipt of proper invoice 919377v1 Page 1 of 4 25H-3 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. "EMENTWITTI This Agreement shall commence on the date first written above and shall continue for a term of five (5) years, unless terminated earlier in accordance with the terms in Section 14 of Exhibit A. 4. INSURANCE Consultant agrees to maintain insurance coverage as follows: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into #19377v1 Page 2 of 4 25H-4 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 the Agreement. Consultant shall supply City with a fully executed additional insured endorsement. C. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 5. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-95) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-245-8007 To Consultant: Axon Enterprise, Inc. Attn: Legal 17800 N. 850' Street Scottsdale, AZ 85255 Legal@AXON.com A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after #19377v1 Page 3 of 4 25H-5 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210135 the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 6. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. The City has provided this Agreement to incorporate Consultant's specific requirements for use of the TASER 7 products and services. In the event of any inconsistency or conflict between the Agreement and the attached Exhibits, the terms, conditions and provisions of this Agreement shall govern and control. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City At rney I Tamara ogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: David Valentin Chief of Police CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT: �OmSlUned by: �EBBIM4J �pbert Drl scoI I Title: VP, ASSOC. General Counsel Page 4 of 4 #19377vl 25H-6 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 Exhibit A ! X0 IN Axon Enterprise, Inc.'s TASER 7 Agreement This TASER 7 Agreement ("Agreement") applies to Agency's TASER 7 purchase from Axon Enterprise, Inc. ("Axon"). Agency will receive TASER 7 Conducted Energy Weapon ("CEW") hardware, accessories, warranty, and services documented in the attached Quote Appendix ("Quote"). 1. Term. The start date is based on initial shipment of TASER 7 hardware ("Start Date"). If shipped in the first half of the month, the Start Date is the 1 st of the following month. If shipped in the last half of the month, the Start Date is the 15th of the following month. The TASER 7 term will end upon completion of the associated TASER 7 subscription in the Quote ("Term"). If the Quote has multiple TASER 7 ship dates, each shipment will have its own 60-month term, starting on the shipment of TASER 7 as described above. 2. Unlimited Duty Cartridge Plan. If the Quote includes "Unlimited Duty Cartridge Plan", this section applies. Agency must purchase an Unlimited Duty Cartridge Plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty, and ones that only use a CEW for training. Agency may not resell cartridges received under any TASER 7 plan. Axon will only replace cartridges used in the line of duty. 3. Training. If the Quote Includes a training voucher, Agency must use the voucher within 1 year of Issuance, or the voucher will be void. During the Term, Axon will issue Agency a voucher annually beginning on the Start Date. The voucher has no cash value. Agency cannot exchange it for another product or service. If the Quote includes Axon Online Training or Virtual Reality Content (collectively, "Training Content"), Agency may access Training Content during the Term. Axon will deliver all Training Content electronically. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency's responsibility. 4. Payment. Unless specified in the Quote, Axon will invoice Agency on the Start Date and then on the Start Date anniversary during the Term, if annual payments are elected. Payment is due net 30 days from the invoice. Payment obligations are non -cancelable. Agency will pay invoices without setoff, deduction, or withholding. Unless Agency provides Axon a valid and correct tax exemption certificate applicable to the purchase and ship -to location, Agency is responsible for all taxes associated with the order. S. Shipping. Axon may make partial shipments and ship from multiple locations. All shipments are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon delivery to common carrier by Axon. If Agency requests expedited shipping, Agency is responsible for expedited shipping charges. Any loss or damage during shipment is Agency's responsibility. Shipping dates are estimates only. If the Quote includes future deliveries of hardware, Axon will ship hardware to Agency's address on the Quote. 6. Returns. All sales are final and no refunds or exchanges are allowed, except for warranty returns or as provided by state or federal law. Hardware Limited Warranty. Axon's manufacturer warranty warrants that its law enforcement hardware is free from defects in workmanship and materials for 1 year from the date of receipt. Axon warrants its accessories for 90-days from date of receipt. Expended CEW cartridges are deemed to have operated properly. Extended warranties run from expiration of 111o: TAM i Agmomonl Rennmmnm: �nRm V .I.—ueee I.— Rel.:e: 1NiL2018 Pagel of 7 25H-7 DocuSign Envelope ID; A17787FA-E2E4-465E-9081-70753D6210B5 4 AXO N Axon Enterprise, Inc.'s TASER 7 Agreement the 1-year manufacturer warranty through the term of the extended warranty. Non -Axon manufactured products are not covered by Axon's warranty. If Axon receives a valid warranty claim during the warranty period, Axon's sole responsibility Is to repair or replace the product with the same or like product, at Axon's option. A replacement product will be new or like new and have the remaining warranty period of the original product or 90 days from the date of replacement or repair, whichever is longer. A replacement item becomes Agency's property and the replaced item becomes Axon's property. For support and warranty service, visit www.axon.com/support. Before delivering product for service, Agency must upload product data to Axon Evidence (Evidence.com) or download it and retain a copy. Axon is not responsible for loss of data or other information contained on the storage media or any part of the product. 8. Extended Warranty. If the Quote includes a TASER 7 plan (TASER 7 Basic - Upfront Plus Subscription, TASER 7 Basic - Subscription, or TASER 7 Certification), extended warranty coverage is included for the TASER CEW, dock and core, and rechargeable battery as described in the Hardware Limited Warranty. TASER 7 plans extended warranty coverage begins on the Start Date and continues for the Term. If the Quote does not include a TASER 7 plan, Agency may purchase extended warranties to provide coverage. 9. Warranty Limitations. Axon's warranty obligations exclude damage related to; (a) failure to follow instructions on product's use; (b) products used with products not manufactured or recommended by Axon; (c) abuse, misuse, intentional, or deliberate damage to the product; (d) force majeure; (e) products repaired or modified by persons otherthan Axon withoutthe written permission of Axon; or (f) products with a defaced or removed serial number. To the extent permitted by law, the warranties and remedies set forth above are exclusive and Axon disclaims all other warranties, remedies, and conditions, whether oral or written, statutory, or implied, as permitted by applicable law. If statutory or implied warranties cannot be lawfully disclaimed, then all such warranties are limited to the duration of the express warranty described above and limited by the other provisions contained in this Agreement. Axon's cumulative liability to any party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to any Axon product will not exceed the purchase price paid to Axon for the product or if for services, the amount paid for such services over the prior 12 months preceding the claim. In no event will either party be liable for any direct, special, indirect, incidental, exemplary, punitive or consequential damages, however caused, whether for breach of warranty, breach of contract, negligence, strict liability, tort or under any other legal theory. 10. Spare Products. Axon may provide Agency a fixed number of spares for TASER 7 hardware in the Quote ("Spare Products"). Spare Products will replace non-functioning units. If Agency uses a Spare Product, Agency must return non-functioning units to Axon, and Axon will repair or replace the non-functioning unit. If Agency does not return Spare Products to Axon within 30 days of termination of this Agreement, Axon will invoice Agency the MSRP then in effect for all unreturned Spare Products. Tl,le: TASER Tf p,eemanl RoperhnanC Lagnl Remem oaw: maumfe Page 2 of 7 25H-8 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 4'ji ,AXON Axon Enterprise, Inc.'s TASER 7 Agreement 11. Trade -In. If a trade-in discount is on the quote, Agency must return used hardware and accessories associated with the discount ("Trade-in Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade - In Units within the timeframe below, Axon will invoice Agency the value of the trade-in discount. Agency may not destroy Trade -In Units and receive a trade-in discount. Agency Size Days to Return from Start Date Less than 100 officers 30 days 100 to 499 officers 90 days 500+ officers 180 days 12. Product Warnings. See www.axon.com/legal for the most current Axon product warnings. 13. Design Changes. Axon may make changes in the design of any of Axon's products and services without notifying Agency or making the same change to products and services previously purchased. Axon may replace end of life products with the next generation of that product without notifying Agency. 14. Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate Agency's TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the date of termination: 14.1. TASER 7 extended warranties and access to Training Content will terminate. No refunds will begiven. 14.2. Axon will invoice Agency the remaining MSRP for TASER 7 products received before termination. If terminating for non -appropriations, Axon will not invoice Agency if Agency returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within 30 days of the date of termination. 14.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER 7 plan. 15. Delays. Axon will use reasonable efforts to deliver products and services as soon as practicable. If delivery is interrupted due to causes beyond Axon's control, Axon may delay or terminate delivery with notice. 16. Proprietary Information. Agency agrees Axon has and claims various proprietary rights in the hardware, firmware, software, and the integration of ancillary materials, knowledge, and designs that constitute Axon products and services. Agency will not directly or indirectly cause any proprietary rights to be violated. 17. Export Compliance. Each party will comply with all import and export control laws and regulations. 18. Assignment. Agency may not assign or transfer this Agreement without Axon's prior written approval. Tit e: TASM i Ag:eament v-1— m: tnvol .... M Wlea,e o.I.: iwavroie Page 3 of 7 25H-9 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 41, A X 0 N Axon Enterprise, Inc.'s TASER 7 Agreement 19. Governing Law: Venue. The laws of the state where Agency Is physically located, without reference to conflict of law rules, govern this Agreement and any dispute that might arise between the parties. The United Nations Convention for the International Sale of Goods does not apply to thisAgreement. 20. Entire Agreement. This Agreement, including the Appendices, represent the entire agreement between the parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the parties. If any portion of this Agreement is held invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Each representative identified below declares they have been expressly authorized to execute this Agreement as of the date of signature. Axon Enterprise, Inc. Agency Signature: Name: Signature: Name: Title: Title: Date: Date: TASER 7 Evidence.com Terms of Use Appendix 1 Subscription Term. The TASER 7 Evidence.com Subscription Term begins on the Start Date. 2 Agency Content. "Agency Content" means software, data, text, audio, video, images or other content any of Agency's end users (a) run on Evidence.com; (b) cause to interface with Evidence.com; or (c) upload to Evidence.com under Agency account or otherwise transfer, process, use or store in connection with Agency account. 3 Access Rights. Upon Axon granting Agency a TASER 7 Evidence.com subscription, Agency may access and use Evidence.com for the storage and management of data from TASER 7 CEW devices during the TASER 7 Evidence.com Subscription Term. Agency may not upload any non- TASER 7 data or any other files to Evidence.com. Agency may not exceed the number of end users than the quote specifies. 4 Agency Owns Agency Content. Agency controls and owns all right, Lille, and interest in and to Agency Content and except as otherwise outlined herein, Axon obtains no interest in Agency Content, and Agency Content are not business records of Axon. Agency is solely responsible for the uploading, sharing, withdrawal, management and deletion of Agency Content. Axon will have limited access to Agency Content solely for providing and supporting Evidence.com to Agency and Agency end users. Security. Axon will implement commercially reasonable and appropriate measures to secure Tine: TASERTAgmemenl Renonmonn LIM Vert1,,- Lo Robe.. toa 10 Page 4 of 7 25H-10 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-707531)6210B5 Xil, A X 0 N Axon Enterprise, Inc.'s TASER 7 Agreement Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal justice Information Services Security Addendum, Agency Responsibilities. Agency is responsible for (a) ensuring Agency users complywith this Agreement; (b) ensuring Agency owns Agency Content and no Agency Content or Agency end user's use of Agency Content or Evidence.com violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Evidence.com. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user's access to Evidence.com. Agency is also responsible for maintaining the security of end user names and passwords and taking steps to maintain appropriate security and access by end users to Agency Content. Login credentials are for Agency internal use only and Agency may not sell, transfer, or sublicense them to any other entity or person. Audit log tracking for video data is an automatic feature of Evidence.com that details who accesses Agency Content. Agency may download the audit log at any time. Agency shall contact Axon immediately if an unauthorized third party may be using Agency's account or Agency Content or if account information is lost or stolen. Privacy. Axon will not disclose Agency Content or any information about Agency except as compelled by a court or administrative body or required by any law or regulation. Axon will give notice if any disclosure request is received for Agency Content so Agency may file an objection with the court or administrative body. Agency acknowledges and agrees that Axon may access Agency Content in order to: (a) perform troubleshooting services upon request or as part of Axon's maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of Axon Evidence Services; (c) generate aggregated data, excluding information that can be used to distinguish ortrace an individual's identity, either alone orwhen combined with other personal or identifying information that is linked or linkable to a specific individual (collectively, "PII"), to improve, analyze, support, and operate Axon's current and future products and services. Storage. Axon may place Agency Content that Agency has not viewed or accessed for 6 months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to 24 hours to access. Location of Data Storage. Axon may transfer Agency Content to third party subcontractors for storage. Axon will determine the locations of data centers where Agency Content will be stored. For United States agencies, Axon will ensure all Agency Content stored in Evidence.com remains within the United States. ownership of Agency Content remains with Agency. 10 Suspension. Axon may suspend Agency access or any end user's right to access or use any portion or of Evidence.com immediately upon notice, if: 10.1. The Termination provisions of the TASER 7 Terms and Conditions apply; 10.2. Agency or an end user's use of or registration for Evidence.com (1) poses a security risk TIM: TASERT Agw—W pePoament Lepel .. I g : 1.0 aaw Dam: fARSRAtA Page 5 of 7 25H-11 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 4&A/\ON Axon Enterprise, Inc.'s TASER 7 Agreement to Evidence.com or any third party, (ii) may adversely impact Evidence.com or the systems or content of any other customer, (iii) may subject Axon, Axon's affiliates, or any third party to liability, or (iv) may be fraudulent; Agency remains responsible for all fees and charges incurred through the date of suspension without any credits for any period of suspension. Axon will not delete any of Agency Content on Evidence.com due to suspension, except as specified elsewhere in this Agreement. 11 Evidence.com Warranty. Axon warrants that Evidence.com will not infringe or misappropriate any patent, copyright, trademark, or trade secret rights of any third party. Axon disclaims any warranties or responsibility for data corruption or errors before the data is uploaded to Evidence.com. 12 Evidence.com Restrictions. All Evidence.com subscriptions will immediately terminate if Agency does not comply with any term of this Agreement. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: 12.1. copy, modify, tamper with, repair, or create derivative works of any part of Evidence.com; 12.2. reverse engineer, disassemble, or decompile Evidence.com or apply any other process to derive any source code included in Evidence.com, or allow any others to do the same; 12.3. access or use Evidence.com with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; 12.4. use trade secret information contained in Evidence.com, except as expressly permitted in this Agreement; 12.5. access Evidence.com to build a competitive product or service or copy any features, functions, or graphics of Evidence.com; 12.6. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon's or Axon's licensors on or within Evidence.com ; or 12.7. use Evidence.com to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store ortransmit material in violation of third party privacy rights, or to store or transmit malicious code. 13 After Termination. Axon will not delete Agency Content for 90 days following termination. During this 90-day period, Agency may retrieve Agency Content only if all amounts due have been paid. There will be no application functionality of Evidence.com during this 90-day period other than the ability to retrieve Agency Content. Agency will not incur any additional fees if Agency Content is downloaded from Evidence.com during this 90-day period. Axon has no obligation to maintain or provide any Agency Content after this 90-day period and will thereafter, unless legally prohibited delete all of Agency Contentstored in Evidence.com. Upon request, Axon will provide written proof that all Agency Content has been successfully deleted and fully removed from Evidence.com. 14 Post -Termination Assistance. Axon will provide Agency with the same post -termination data n.: TASER7A ..:...t ver.i..: to Wl.—O.: ta29201e Page 6 of 7 25H-12 DocuSign Envelope l D: A17787FA-E2E4-465E-9081-70753D6210B5 Aki,, AX0ICI Axon Enterprise, Inc: s TASER 7 Agreement retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content, including requests for Axon's Data Egress Services, will result in additional fees and Axon will not warrant or guarantee data integrity or readability In the external system. 15 U.S. Government Rights. If Agency is a U.S. Federal department or using Evidence.com on behalf of U.S. Federal department, Evidence.com is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Evidence.com on behalf of the U.S. Government and these terms fail to meet the U.S. Government's needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Evidence.com. 16 Survival. Upon any termination of this Agreement, the following sections will survive: Agency Owns Agency Content, Storage, Evidence.com Warranty, and Evidence.com Restrictions, AAxON, Axon, Axon Evidence, Evidence.com, and TASER 7 are trademarks of Axon Enterprise, Inc., some of which are registered in the US and other countries. For more information, visit www.axon.com/legal. All rights reserved. © 2018 Axon Enterprise, Inc. Till.: TASER7/ —...l oeP —Ir Leael vu,.Wn: 1.0 D.: 1012M3 Page 7 of 7 25H-13 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (800) 978-2737 SHIP TO Garry Couso Santa Ana Police Dept - CA 60 CIVIC CENTER PLAZA Santa Ana, CA 92703 US BILL TO Santa Ana Police Dept - CA CITY OF SANTA ANA PURCHASING DIVISION M16 20 CIVIC CENTER PLAZA RM 429 SANTA ANA, CA 92701 US Q-222010-43714.827TR Quote Expvstion-�QL3ll2019< Payment Terms: Net 30 Delivery Method: Fedex - Ground SALES REPRESENTATIVE Tom Richardson Phone: 301-204-5323 Email: tichardson@taser.com Fax: PRIMARY CONTACT Garry Couso Phone:5627626600 Email: gcouso@santa-ana.org Year? t let Uti�t _ Item. �-be§cripntity__ -� Prlc� �=-Nef'Umt Price- .Total (USDj 20140 TASER 7 DUTY CARTRIDGE REPLENISHMENT 350 0.00 0.00 0.00 PROGRAM 20141 TASER 7 EVIDENCE.COM LICENSE _ 350 0.00' - 0 00 - 0.00 20141 TASER 7 EVIDENCE.COM LICENSE 1 0.00 0.00 0.00 TASER 7 HANDLE, HIGH VISIBILITY (GREEN 20008' - LASER), CLASS3R 350 0.00 0.00 17.00. 20040 TASER 7 HANDLE WARRANTY, 4-YEAR 350 0.00 0.00 0.00 20042TASER 7 DOCK & CORE WARRANTY, 4-YEAR 4 0.00. 0.00 0.00 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 20012 700 0.00 0.00 DEGREE) TASER 7 LIVE CARTRIDGE,: CLOSE QUARTERS - 20013- 700 0.00- 0.00 (12-DEGREE) TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 20C12 DEGREE) 700 0.00 0.00 `TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS - 20013 (12-DEGREE) - 700 0.00 0.00 _ TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 CARTRIDGE, STANDOFF (3 700 0.00 0.00 TASER 7 HOOK -AND -LOOP TRAINING. (HALT) - 20015 - CARTRIDGE;. CLOSE QUART- _ 700 0.00- 0.00 20018 TASER 7 BATTERY PACK, TACTICAL 420 0.00 0.0c 20041- - TASER 7 BATTERY PACK WARRANTY, 4-YEAR - 420 0.00 - 0.0C 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 Year 1 (Continued) TASER 7 HOLSTER - SAFARILAND, RH+CART 20160 315 0.00 0.00 0.00 CARRIER TASER.7 HOLSTER - SAFARILAND, LH+CART - - 20161 35 0.00. 0.00 - 0.00 - CARRIER 74200 DOCK AND CORE, TASER 7 4 0.00 0.00 0.00 20050- HOOK -AND -LOOP TRAINING(HALT)SUIT 1 - -0.00 - 0.00.-' - 0.00 TASER 7 INERT CARTRIDGE, STANDOFF (3.5- 20016 DEGREE) 24 0.00 0.00 0.00 20017 '- TASER 7 INERT CARTRIDGE, .CLOSE QUARTERS -: 24 0.00 0.00 ' -000 (12-DEGREE) - 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM 4 0.00 0.00 0.00 DOCK 74200 ` TASER 7 6-BAY DOCK AND CORE 4 1,500.00 1,500.00 6,000.00' 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM 4 42.00 42.00 168.00 DOCK 20050'`- HOOK-AND-LOOPTRAINING '(HALT) SUIT 1 750.00 - 75000 `` 750.00 20144 TASER 7 CERTIFICATION PLAN 350 0.00 0.00 0.00 80087' TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL 1 0.00 0.00 0.00- , (- RUGGEDVED) AXON DEVELOPED OCULUS TRAINING CONTENT 20147 1 0.00 0.00 0.00 ACCESS OCULUS GO STANDALONE VIRTUAL REALITY 20135' - 1 0.00 0.00 0.00 HEADSET: 20146 TASER 7 ONLINE TRAINING CONTENT ACCESS 350 0.00 0.00 0.00 20120-' TASER 7INSTRUCTOR COURSE VOUCHER 4 ' 0.00 ;0:00 0.00' 20119 TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 0.00 VOUCHER 20088- TASER 7 CERTIFICATION PLAN YEAR .1 PAYMENT - 350 -: 720.00 - 425.62 -: -148,967.00! TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL 80087 „��, 3 150.00 150.00 450.00 CEW FULL SERVICE WITH INSTRUCTOR 85168- TRAINING 1 17,000.00 0.00 0.00 _ : - Subtotal 156,335.00 Estimated Shipping om Estimated Tax 14,461.01 Total170,796.01_ DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 Spares 20008 TASER 7 HANDLE, HIGH VISIBILITY (GREEN 11 LASER), CLASS 3R _20040 TASER 7 HANDLE WARRANTY, 4-YEAR. 11 Year 2 0.00 0.00 0.00 0.00. 0.00 0.00. Subtotal 0.00 Estimated Tax , ` 0.00 Total 0.00 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 20012 700 0.00 0.00 0.00 DEGREE) TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 20013 700 0.00 0.00 0.00 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 700 0.00 0.00 0.00 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20015 700 0.00 0.00 0.00.. CARTRIDGE, CLOSE QUART 20120 TASER 7INSTRUCTOR COURSE VOUCHER 20119 TASER.7 MASTER INSTRUCTOR SCHOOL VOUCHER 20089 TASER 7 CERTIFICATION PLAN YEAR 2 PAYMENT Year 4 0.00 0.00 0.00 1 0.00 0.00 0.00 �50 720.00 720.00 252,000.00 - Subtotal 252,000.00 Estimated Tax 23,310.00 Total) 275,310.00 TASER 7 LIVE: CARTRIDGE, STANDOFF-:(3.5- 20017 :.700 0.00 0.00. 0.00 .DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 700 0.00 0.00 0.00 (12-DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 D 700 -0:00 0.00 ` 0.00 CARTRIDGE, STANDOFF (3 - - DocuSign Envelope ID: Al 7787FA-E2E4-465E-9081-70753D6210B5 Year 3 (Continued) 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 700 0.00 0.00 0.00 CARTRIDGE, CLOSE QUART 20120: - TASER 7 INSTRUCTOR COURSE VOUCHER 4 0.00 0.00 0.00 TASER 7 MASTER INSTRUCTOR SCHOOL 20119 1 0.00 0.00 0.00 VOUCHER 20090 ` TASER 7 CERTIFICATION PLAN YEAR 3 PAYMENT 350 ,; 720.00 - 720.00 `-_-- 252,000.00 Subtotal 252,000.00 Estimated Tax r 23,310.00. Total 275,310.00 Year 4 20012 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5- 700 0.00 0.00 0.00 DEGREE) 20C13 TASER 7 LIVE CARTRIDGE; CLOSE QUARTERS 700 - 0.00 0.00 0.00' (12=DEGREE) TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20014 700 0.00 0.00 0.00 CARTRIDGE, STANDOFF (3 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 20015 700 0.00 0 00 - 0.00, CARTRIDGE, CLOSE QUART.} _: 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 0.00 0.00 0.00 20119_ TASER 7 MASTER INSTRUCTOR SCHOOL 1 0.00 0.00 b.00 _,VOUCHER 20091 TASER 7 CERTIFICATION PLAN YEAR 4 PAYMENT 350 720.00 720.00 252,000.00 Subtotal 252,000.00 Estimated Tax 23,310.00 Total <. 275,310.00.. Year 5 TASER 7 LIVE CARTRIDGE,: STANDOFF (3.5- 20012' 700 - 0.00 - 0.00, -0.00: DEGREE) 20013 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS 700 0.00 0.00 0.00 (12-DEGREE) DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 Year 5 TASER'7 HOOK -AND -LOOP TRAINING (HALT) 20014 - 700 0.00 0.00 0.00 CARTRIDGE, STANDOFF (3 20015 TASER 7 HOOK -AND -LOOP TRAINING (HALT) 700 0.00 0.00 0.00 CARTRIDGE, CLOSE QUART 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 4 0.00 0.00 0.00. TASER 7 MASTER INSTRUCTOR SCHOOL 20119 VOUCHER 1 0.00 0.00 0.00 20092 . TASER 7 CERTIFICATION PLAN YEAR 5 PAYMENT 350. '. _.... _ 720.00 - 720.00 252,000.00 Subtotal 252,000.00 Estimated Tax 23,310.00 Total 275,310.00 Year 1 -Trade-In Credit 20104 TASER 7 TRADE-IN UPFRONT PURCHASE 17 0.00 0.00 0.00 20104 TASER 7 TRADE-IN UPFRONT PURCHASE 36 =' 0.00 0.00 0.00 20104 TASER 7 TRADE-IN UPFRONT PURCHASE 97 0.00 0.00 0.00 20104.- TASER 7 TRADE-IN 'UPFRONT PURCHASE 200-- - ". 0.00 .: 0.00 "0.00 Subtotal 0.00 Estimated Tax 0.00 Total 0.00 'Grand Tata-I - f 27'£�906 07 Discounts (uso) Quote Expiration: 10131/2019 List Amount 1,284,368.00 033 00 *Total excludes applicable taxes Summary of Payments Year 1 170,796.01 Spares 0.00 Year 2 275,310.00 Year 3 275,310.00 Year 4 275,310.00 Year 5 275,310.00 Year 1 - Trade -In Credit 0.00 riff ==- -== =,2_2zQ36O1f DocuSign Envelope ID: A17787FA-E2E4-465E-9081-70753D6210B5 The parties agree that Axon Is granting a credit of $15,360.00 (applied to Year 1 Payment) for trade-in of CEW hardware, This credit Is based on a ship date range of 10/1612019-10/31/2019, resulting in a 1111512019 contract start date. Any change In this ship date and resulting contract start date will result In modification of this credit value which may result in additional fees due to or from Axon. Purchase of TASER 7 are governed by the TASER 7 Agreement located at https://www.axon.com/legal/sales-terms-and-conditions and not the Master Services and Purchasing Agreement referenced below. Tax is subject to change at order processing with valid exemption. Axon's Sales Terms and Conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com/lecal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter Into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Signature: Date: Name (Print): Title: PO# (Or write WA): Please sign and email to Tom Richardson at trichardson@taser.com or fax to Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buv.axon.com Quote: Q-222010-43714.827TR 'Protect Life'@ and TASER@ are registered trademarks of Axon Enterprise, Inc, registered in the U.S. @ 2013 Axon Enterprise, Inc. All rights reserved. 25H-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE AMEND AGREEMENT WITH SINGLE POINT ALLIANCE, INC., INCREASING THE COMPENSATION BY $350,000, TO PROVIDE THE CENTRAL STORES CONSIGNMENT INVENTORY PROGRAM FOR AN ADDITIONAL 5 MONTHS (SPECIFICATION NO. 11-059) {STRATEGIC PLAN NO. 6, 1C} /s/Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to amend the agreement with Single Point Alliance, Inc., for the Central Stores Consignment Inventory Program, increasing the compensation by $350,000, for a new total annual amount not to exceed $1,267,500, and extending the term by five months for a new agreement expiration date of June 30, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Facility management recently transitioned from the Finance and Management Services Agency to the Public Works Agency. City Central Stores is part of facility management and is responsible for locating, purchasing, and maintaining an inventory of parts and supplies used for City operations. Central Stores has been operating under a consignment inventory program provided by Single Point Alliance, Inc. Through this program, Single Point Alliance, Inc. stocks the warehouse with inventory that remains their property until the inventory items are issued to end - users. This inventory management program has provided several benefits for the Central Stores operation, including reduced inventory costs, discounted pricing, and other soft cost savings. The agreement with Single Point Alliance, Inc., for the consignment inventory program was approved by City Council on December 17, 2012, and commenced on October 1, 2013. The agreement was for a two-year period with two two-year renewal options. The second renewal option was due to expire on September 30, 2019. On September 3, 2019, the City Council approved a four -month extension to ensure the continued services as staff evaluated the operations and prepared a Request for Proposals (RFP). At this time, staff recommends extending the current agreement terms for an additional five -month period to terminate at the end of the fiscal year on June 30, 2020 (Exhibit 1). Staff anticipates releasing a new RFP for consignment services in early 2020. 251-1 Agreement Amendment with Single Point Alliance, Inc. December 17, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Funds for this agreement are available in various departmental accounting units, under Miscellaneous Operating Expense account number, 63001. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC/GL Exhibit 1: Agreement Amendment /9>>061•AO.LFOrU211►I9by_1►LLTKK.111►11691 Kathryn Downs, CPA Executive Director Finance and Management Services Agency 251-2 EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT FOR PROVISION OF MAINTENANCE. REPAIR. AND OPERATIONS SUPPLIES ON CONSIGNMENT BASIS THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December 17, 2019, by and between Single Point Alliance, hie. ("SPA"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2012-249, dated December 17, 2012, by which SPA agreed to provide a consignment inventory of maintenance, repair, and operations supplies and products for purchase by City at agreed -upon prices ("Agreement"). B. On September 3, 2019, the parties entered into First Amendment No. A-2019-155, by which the Agreement was amended to extend the term through January 31, 2020, and increase the total amount to be expended under the Agreement. C. The Agreement remains in effect, and the parties now wish to further amend the Agreement to further extend the term and increase the total amount to be expended under the Agreement accordingly. The Parties therefore agree: 1. Section 1, Term, is amended to extend the term of the Agreement through June 30, 2020. 2. Section 5, Compensation and Payment Terms, is amended to increase the sum to be expended through the above term of the Agreement by $350,000. 3. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA DAISY GOMEZ KRISTINE RIDGE Clerk of the Council City Manager --- signatures continue on next page --- Page 1 of 2 251-3 APPROVED AS TO FORM SINGLE POINT ALLIANCE, INC. SONIA R. CARVALHO, City Attorney By KUNAFUNK —Dame: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL NAB IL SABA Acting Executive Director Public Works Agency Page 2 of 2 251-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE A FIVE-YEAR LICENSE AGREEMENT WITH THE COUNTY OF ORANGE FOR THE INSTALLATION OF A BALLOT BOX AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER {STRATEGIC PLAN NO. 3, 2C} /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: IG1»1.100017 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Authorize the City Manager to execute a site lease agreement with the County of Orange for the installation of a ballot box at the Santa Ana Regional Transportation Center, for the five-year term beginning on December 18, 2019, and ending December 17, 2024, at no fee, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Regional Transportation Center (SARTC) is a regional transportation hub that brings together Amtrak, Metrolink, Orange County Transportation Authority, and interstate bus services. In addition, when completed, the OC Streetcar will have a platform stop at the SARTC. The facility is open to the public seven days a week from 5 a.m. to midnight, and contains approximately 35,000 square feet of total rental space, including ten bus bays, two surface parking lots, and a parking structure. The County of Orange conducted a site assessment and has expressed an interest to install a ballot box at the SARTC. There are various modes of public transportation that converge at the SARTC, along with adequate parking, which makes it an ideal location. By licensing space to the County of Orange to install a ballot box, it provides an amenity to Santa Ana residents, patrons of the SARTC, and serves the community. The ballot box would remain at the SARTC for the five- year term and the County of Orange would be responsible for the installation and maintenance of the ballot box. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects including: 25J-1 Approve License Agreement with the County of Orange to Install a Ballot Box at the SARTC December 17, 2019 Page 2 The OC Streetcar Project, Santa Ana Regional Transportation Center Master Plan, Complete Streets and General Plan Circulation Element update). FISCAL IMPACT There is no fiscal impact associated with this action. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC/GL Exhibit: 1. License Agreement — County of Orange 25J-2 I,icelln N umber M-002 U q ,,; m of APonca 4p Crl'Y OP SAN'IA ANA LICENSE AGREEMENT EXHIBIT 1 THIS L.IC]"NSE AGIZI [ VfENf (License") is made and entered into December 18, 2019 ("Effective Date"), by and between CITY OF SANI'A ANA (hereintfter referred to as "Licensor") and tlae COUNT"Y OF ORANGE:, a political subdivision of the State of Califortia, through its REGISTRAR 01" V01116 (herein:illcr refereed tea as "County"), without regard to number .tad gender. County and Licensor may sortictimes hereinafter be refernxl to individually as "I'srty" or.jo ntly ras "Parties," I. DEFINITIONS (SALic-1.0 S) The follovtiiing words in this License shall have the signifieame attached to theirs in this Clause I (DEFINITIONS), unless otherwise apparent from context: "Chief Real Estate Officer" means the Chief Real Estate 01'11Me , County Itixeeutive Office, Real Estate Section, County of Orange, or upon written notice to County, such other person as shall be designated by the County Iixecutive Officer. "County Lxecutive Officer" means The County Gxecutivc Officer, County Rxc*eutive office. County ol` Orange, or designee, or upon written notice to County, such other person or entity as shall be designated by the Board ol'Supervisors. "Official Ballot Drop Box" means a mail ballot drop box. 2. LICENSE, AREA (SALic-1.1 S) Licensor grants to County, and its agents and contractors, tine right to access and use a portion of thatithose certain property(ics), described on Exhibit A and shown on Exhibit B (hereinafter referred to as the "License Area(s)'), which exhibits are attached hereto and by reference made a earl hereof: together with non- exclusive, in convnon use of driveways for vehicle ingress and egress, pedestrian walkways, other facilities, and eonmlon areas appurtenant to the License Area. Licensor represents and warrants that the License Area is free and clear of easements, including utility easements that would impede the County's use afthe License Area. a% set forth below. The Parties ;agree that [lie License Area may be modified by C'ounly pursuani to the terms herein, If. for example, the License Area includes multiple properties, the County may reduce the number of properties within the License Areas, pursuant to Clauses 6 and 21, below. 3. COUNTY AND PUBLIC USE (SALic-1.2 S) a. Caunty's use of the License Area shall he limited to installing, npeaafing, and maintaining an Official Ballot Drop Box on the License Area. C'awnty shall not use the I..icense Area or any portion thereof for any illegal or Unlawful purpasc trod will not Cause or permit to naisanee to be created or maintained therein. b. The Parties Further acknowledge and agree that the County's use of the License Area is for the operation of an Official Ballot Drop Box consistent with the California Voter`s Choice Act. Licensor grants to voters, and other County invitees, the right of access to the License Area, descrihed in Uiatrsc 2 (I.i nse Area), above. I'm, purposes consistent with the conduct of. and participation in, an election. Licensor acknowledges that the Official Ballot Drop Box shall be Onu?gc Count) crrvUI SAN1,vANA 25J-3 PCIII free tAcquisiUnn I min, Itcgistrer nl Vnterg I,iuunsc x4nnhcr Ll-f)Ow open 24 hours a day Ibr die 30 days prior to an election ("Election Perirxl"), county shall endeavor to notify Licensor with an election schedule nnlater than 30 days before the Election Period pursuant to Clause 30 (NOTICES). Ballot Box will remain on -site and locked in non - election periods. c. Consistent with the use, outlined in this Clause 3, Licensor shall notify the County within 24 hours of any change to the License Area or surrounding property that would make the Official Ballot Drop Box inaccessible during the Election Period and frustrate the intent of this License. 4. PARKING (SALic-1.3 S) Licensor, throughout the Ternr, as set forth below, shall provide County, and its invitees, with the: non- exclusive, use of parking spaces, when available. The location and any rules or instructions for use of these parking spaces shall be determined by the Licensor and provided to the County no later than the commencement of the first Election Period after the Effective Date. In addition to said parking spaces, Licensor shall also provide parking for disabled persons ("ADA Spaces'") in accordance with the Americans with Disabilities Act, the California Uniform Building Code and the applicable codes and/or ordinances relating to parking for disabled persons as established by the local jurisdiction in which the License Area is located where the provisions of such local codes and/or ordinances exceed or supersede the State requirements. 5. TERM (SALic-1.5 S) This License shall commence on the Effective Date written above and shall continue in effect for five (5) years ("Term") or as otherwise terminated in accordance with Clause 6 ('TERMINATION) of this License. 6. TERMINATION (SALic-1.6 S) This License shall be revocable by cither Party at any time; however, as a courtesy, the terminating Party Will attempt to give ninety (90) days written notice to the other Party prior to the termination dale, In the event the County modifies the License Area pursuant to Section 21 (Amendments) — for example, by removing property or properties from the License Area -- said modification shall not terminate the License for the remaining property or properties that comprise the License Area. 7. LICENSE FEE (SALic-1.7 N) In consideration for the valuable public services provided to the citizens of the County of Orange performed by County consistent with Clause 3 (USE) above and pursuant to this License, the license fee shall be waived for County's use of the Licensed Area, S. UTILITIIS, MAINTENANCE AND JANITORIAL (SALic-1.8 S) Licensor shall be responsible for all janitorial, maintenance and repairs outside of the License Area, (including but not limited to: fire alarm, fire extinguisher, IIVAC aystcm, elevator maintenance, landscaping,. pest control, and trash) unless such maintenance: and repairs arise out of County's negligence or intentional acts not in accordance with the uses permitted herein, per Clause 3 (USE), above and not including normal wear and tear. Orange County CJTY OF SAWA ANA 2 25J-4 Rent Free Acquisition License Regisunr of voters License Number 4A-oQ2 9. ALTERATIONS (SALic-19 S) County may make improvements and changes, at the County',' expense, in anti to the License Area, includinb, but not limited to changes described in Exhibit C, attached hereto, and those deemed necessary or appropriate by the County in its discretion, subject to advance written permission from Licensor. It is agreed that any such improvements attached to or placed upon the License Area by County shall be considered as personal property of County, who shall have the right, but not the obligation, to remove saute. County agrees that the License Area shall be left in as good condition as when received, reasonable wear and tear excepted, 10. OWNERSHIP OF IMPROVEMENTS (SALic-2.4 S) a. All improvements, constructed or placed within the License Area by County ("County Improvements") must, upon completion, be free and clear of all liens, claims, or liability for labor or material. The County Improvements shall remain property of County and shall be removed by County at the termination of this License, without damage to the License Area. b. The County Improvements to be installed on the License Area shall include the Official Ballot Drop Box as specified in the included Exhibit C. The County shall be responsible for all costs incurred in the installation of the County Improvements, The County's agents shall coordinate the installation of the County Improvements with the Licensor. 11. OPERATIONAL REQUIREMENTS OF COUNTY (SALic-2.1 N) County shall, to the satisfaction of Licensor, keep and maintain the License Area and all improvements of any kind in good condition and in substantial repair, normal wear and tear excepted. It shall be County's responsibility to take all steps necessary or appropriate to maintain such standard of condition and repair. Licensor shall endeavor to notify the County when Licensor observes that maintenance is necessary. County expressly agrees to maintain the License Area in a safe, Glean, wholesome, and sanitary condition, to the complete satisfaction of Licensor and in compliance with all applicable laws. In the event The Licensor determines, in its reasonable discretion, that an employee, contractor, or invitee of County is failing to adhere to proper standards of public conduct, is in violation of any Licensor policy and/or is in any way disrupting the activities of the Licensor's employees, students, and/or invitees, the Licensor reserves the right to remove said individual, and/or require County to remove said individual from the License area. If warranted, County shall endeavor to prohibit said individual's future access to the License Area, subject to applicable law. 12. VIDEO SECURITY SURVEILLANCE SYSTEM If feasible, the County shall have access to any video security surveillance footage recorded and stored by Licensor in order for the County to meet its statutory and regulatory requirements under the California Voter's Choice Act. 11 INDEMNIFICATION (SALic-2.3 S) a, County hereby agrees to indemnify, hold harmless, and defend Licensor, its officers, agents, and employees, against any and all claims, toss, demands, damages, cost, expenses or liability arising out of the use of the License Area by County, except for Liability arising out of the sole orange connly CI rY OPSAN) A ANA 7 25J-5 Rent Free Acquisilion LjcCn3e Registrar of Votm License Number LA-002 negligence or willful misconduct of Licensor, its officers, agents, or employees, including the cost of defense of any lawsuit arising therefrom. In the event Licensor is named as eo-defendant, County shall notify Licensor of such fact and shall represent Licensor, with counsel approved by Licensor, in such legal action unless Licensor undertakes to represent itself as co-defendant in such legal action, in which event County shall pay to Licensor its litigation costs, expenses and attorneys' fees. b. Licenser hereby agrees to indemnity, hold harmless, and defend County, its officers, agents, and employees, against any and all claims, loss, demands, damages, east, expenses or liability arising out of the use of the License Area by Licenser, except for liability arising out of the sole negligence or wil[fit] misconduct of County, its oIT'ieers, agents, or employees, including the cost of defense nfany lawsuit arising therefrom. In the event County is named as co-defendant, Licensor shall notify County of such fact and shall represent County, with counsel approved by County, in such legal action unless County undertakes to represent itself as co-defendant in such legal action, in which event Licensor shall pay to County its litigation costs, expenses and attorneys' fees, c. In the event judgment is entered against County and Licensor because of the concurrent active negligence of County and Licensor, their officers, agents, or employees, an apportionment of' liability to pay such judgment shall be made by a court of competent jurisdiction. Neither Party shall request ajury apportiomnent, d. The provisions of this, Section shall survive the termination or expiration of this License, 14. INSURANCE (SALic-2.2 N) INSURANCE REQUIREMENTS a. County shall maintain corntnercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of County use of the License Area, including, without limitation, acts involving County vehicles. The amounts of insurance shall be not less than the following: single limit coverage appiying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. County shall maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles, C. pursuant to state law, County is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of services under this Agreement, County agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Certilicaw of Self- his urance,, prior to execution of this Agreement, County shall furnish to City a Certificates of Self -Insurance evidencing the foregoing insurance coverages as required by this Agreement. Orange County Rent Free Acquisition hcenso Registrar or Voters C'rI'Y OF SANTA ANA 25J -6 License Number r A-002 C. County shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. 15. ASSIGNMENT AND SUBAGREEMENTS (SALic-2.4 N) Any assignment of this License or sublicenses under this License rquire the prior written approval of Licensor, which approval will not be unreasonably withheld, conditioned or delayed. 16. EMPLOYMENT (N) No County employee shall be considered as an employee of the Licensor under the jurisdiction Of Licensor, nor shall such County employees have any Licensor pension, civil service, or other status while an employee of County. County shall have no authority to contract on behalf of Licensor. It is expressly Understood and agreed by both Parties hereto that County, while engaged in carrying out and complying with any terms of this License, is not acting as an agent, officer, or employee of Licensor. 17. SIGNS (SALic-2.7 S) Licensor agrees to allow County to install and maintain any sign or display upon or in front of the License Area and/or property. Signs will be placed on the ballot box itself and no free-standing signs will be installed. Such signage shall comply with all applicable laws and zoning and site plan requirements and be consistent with Licensor signage on the property upon which the License Area is located. IS. ELIiMONEERING No electioneering, is permitted within 100 feet of the Official Ballot Drop Box during the Election Period. Licensor agues that County and its staff may take steps they deem reasonably necessary to stop or prevent such electioneering. Licensor, its officers, agents, and employees will refrain from erecting or permitting any sign, display, or other demonstration that may have the effect of influencing; or intimidating voters during the Election Period, County may take the steps they deem reasonably necessary to obscure or remove any such sign, display, or other demonstration, For purposes of this section, "electioneering" means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within 100 feet of the Official Ballot Drop Box. Such electioneering information includes but is not limited to, 1. Display of a candidate's name, likeness, or logo; 2. A display of a ballot measure's number, title, subject, or logo; 3. Buttons, bats, pencils, pens, shirts, signs, or stickers containing electioneering information; 4. Dissemination of audible electioneering information; and/or 5. Loitering near or disseminating visible or audible electioneering information, 19. AUTHORITY (SALic-2.8 S) The persons executing the License below on behalf of County or Licensor warrant that they have the power and authority to bind County or Licensor to this License. Oyange County Rent Free Acquisition License �J Ragistrrn of Votes ctry or sAnrA ANA 2 5J — / License Number LA-002 20. LICENSE ORGANIZATION (SALic-2.9 S) The various headings and numbers herein, the grouping of provisions of this License into separate clauses and paragraphs, and the organization hereof, are for the purpose of convenience only and shall not be considered otherwise. 21. AMENDMENTS (SALic-3.0 S) This License is the sole and only agreement between the Parties regarding the subject matter hereof; other agreements, either oral or written, are void. Any changes to this License shall be in writing and shall be properly executed by both Parties; however, County may modify the License Area, in its discretion, upon written notification from the Chief Real Estate Officer informing Licensor of the modification and the date the naodifieAtion wilt become effective. The City of Santa Ana must approve all changes and requires a 90- day notice of any changes. Rased on such written notice the Parties agree to thereafter amend this J icensc to reflect the revised License Area if so desired by either Party. 22. PARTIAL INVALIDITY (SALic-3.1 S) If any term, covenant, condition, or provision of this License is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in hall force and effect and shall in no way be affected, impaired, or invalidated thereby. 23. WAIVER OF RIGHTS (SALic-3.2 S) `I,he failure of Licensor or County to insist upon strict performance of any of the terms, conditions, and covenants in this Lease shall not be deemed a waiver of any right or remedy that Licensor or County may have, and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions, and covenants herein contained. 24. GOVERNING LAW AND VENUE (SALic-3.3 N) This License has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this License, the sole and exclusive venue shall be a court of" competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure section 394, The Parties expressly understand and agiw that this License constitutes a license for use of the License Area. This License is not intended by the Parties, nor shall it be legally construed, to convey a leasehold, easement, or other interest in real property. County acknowledges that a license is a valid form of agmeement and shall not contest the validity of the form of this License in any action or proceeding brought by County against the Licensor, or by the Licensor against County. Should either Party be compelled to institute arbitration, legal, or other proceedings against the other for or on account of the other Party's lailure or refusal to perform or fulfill any of the covenants or conditions of this License on its part to be performed or fulfilled, the Parties agree that the rules and principles applicable to licenses shall govern such actions or proceedings. Orange County Rent Free Acqui5inon Lice.... Registrar or votary c.rrY Or tiANTA ANA 25J -$ License Number LA-00Z 25. ATI'ORNCYS' FEES (SALic-3.4 S) In the event of n disl-alte between L.iecnsor and County concerning elainns arising out oi'this License, or in ally action or proceeding brot[ght to enlbree or inlerpre( any 11ICmvisioll elf [his License or where any provision Ilere(it' is vatlidly asserted as a defense. ench Party shall bear its owm attorney leo atnd costs. 26. TIME OIL ESSENCE (SALic-3.5 S) Time is of the mence of this 1..iceilse, ['ailw'e W elnt1111y will? any line requiremenis oI this ]arms( Shall constitute a material breach of this l.,icense. 27. CONDITION OF LICENSE ARTA UPON TERMINATION (SALic-3.7 S) J`uepl as ulhenvise agreed to herein. Lit its so[e cost. € OLally shrill, al the expiration or earlier termination of this; Agrixmon4 restore the l.acense Area l❑ its unumal comlition in which it existed immediately prior to the Agrcement.leave the License Area into neat and clean condition to the solesatisiaetion ofC'ity, lice of'trash and debris, and remove it II property and materials ofC'aunly. 28. RELATIONSHH' OF PARTIES (,SALic-3.9 S) The relationship of the parties hereto is that of Ivicensor and Cotmty, and it is expressly understood and agreed that licensor (toes not in any way or for any purpose become a partner of or a joint venture with County in the conduct of County's business or otherwise. 29. NOTICES (.SALic-4.0 S) All written nulices pursuaal[ It) Illis Lieealsc sbail be addressed as set forth hehlw or as either Party may hulc:alkrdesignate by written notice and sliall be deemed delivered upon Itersonal delivery, delivery by taeaimilc Inaciline. electronic mail, or sevcatty-twee (72) hour:s aiier deposit ill the Lblilcd States Mail. 7b: COUNTY County of Orange Registrar of voters Facilities Operations 1300 South C3rand Ave., Bldg. C Santa Ana CA, 92705 Alteration: King Hostler kini.hostler(iiii-ov.ocgov.coui 714 567-5107 With a copy to: County of Orange County F,xecutivc 01'111ee 333 West Santa Ana Blvd- 3" I floor SantaAna, CA 92701-4084 Attn: Thomas A. Miller, Chief Real ]state officer f h.mec ( ouuN To: LICtiNSOR City ol'Santa Ana Public WorksAgency A11w Executive Director of Public Works Agency 20 Civic Center Flaw (M-21) Santa Ana, CA 92701 With a copy to: Clerk ol'the Council City of Santa Ana 20 Civic Center Plaza (M-29) Santa Ana, CA 92701 SAxr , AN A 25J -9 Rent F'I" Aeyukilion License RQ'I"I'm of Vnlgc, I.icco,c NumNi I.A-bo�. 30. ATTACHMENTS TO LICENSE (SALic-4.I S) This License includes the following, which are attached hereto and made a part hereof: 1. EXHIBITS Exhibit A — License Area Description Exhi bit B -- Location Map Exhibit C—Official Ballot Drop Box Specifications IN WITNESS WHEREOF, the Parties have executed this License the day and year fist above written. APPROVED AS TO FORM: OFFICE OF COUNTY COUNSEL ORANGL: COUNTY, CALIFORNIA RECOMMENDED FOR APPROVAL REGISTRAR OF VOTERS Neal Kelley, Regist4r of Voters CEO/REAL ESTATE SERVICES Manager Urnngu County. 0] Y OF SAN'I A ANA LICENSOR CITY OF SANTA ANA By— _ Kristine Ridge, City Manager APPROVED AS TO CONTENT By Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency APPROVED AS TO FORM: City Attorney, Sonia R. Carvalho By ,I n Funk Assistant City Attorney "ATTEST" By Daisy Gomez Clerk of the Council 25J-10 Relit Free Aequisiliou License Registrar of Votcrs I.icrnsc Number I.A-002 COUNTY COUNTY OF ORANGE 7 By f hom A. Miller, Chiel Res Estate Officer County Executive Office Per Ordinance 15-009 of the Board of Supervisors and Minute Order date June 9, 2015 Date Rent Free Acquisition License Registrar of Voters 25J-11 License Number LA-002 EXHIBIT A t, u ( htlnea Coume Santa Ana Regional Transportation Centel, Parking Area I.ACENSE AREA DESCRIPTION License Area Description S07rfl ANAKF6,'OrfAj r'�zp�sr rnrrbry ru: 1'lAN6; li. i- J CrAN It 7— -) CU12 rrl 5(BGF pAlegfo" Yt�t.t.�w r�rz i3 LJ' SIJMpi@ U OPP- t?rtiLC:fi t" ri6T` � � E3At.t�r �n� f f (C+'r� a PKeFh) ICp rJr� 1aWAP DF F /mrtiAtn0 51 ONAN{{yrJNlY AEGIS I8 COOF sscrsranrs or as NOT TO BE RECORDED CITY (A .S,iMA AN.A 25J -12 -ro Mn1N I ,Annt0 rr(_ Co Rene (7c¢ nequisilion Ijccjr;c R�.]st+nl of vor ll I:kcnsc Numhur L, %-002 PATH OF TRAVEL TO PROPERTY LINE EXHIBIT B LOCATION MAP GPS COORDINATES: 33045'9" N 117051127" W Santa Ana Regional Transportation Center Sample Address: 1000 E Santa Ana Blvd, Santa Ana, CA 92701 ;b .fit .� ,: , ^ I i_. VAN ACCESSIBLE PARKINn (VAP) .. na PATH OF - -�+ • TRAVEL TO VAP BALLOT DROP BOX _ i (LICENSE AREA] " s • s w Unmgc ( ounq ( II V OF SAW A MINA 25J-13 Rent Prec Acpui5ii (un Licciiv� Ra4is(Il r )I Volcr, I ccoic A11111barl-Alg)3 EXHIBIT C OFFICIAL BALLOT DROP BOX SPECIFICATIONS The Official Ballot Drop Box shall have the fallowing specifications: 1, Metal C0I1StIlIC6011 2, Wcight: 1.000 pounds 3. Hei) ht: 53.5 inches 4. Width: 65.4 inches 5, Dehtli: 53.3 inches As further detailed in the image below: DNQF DOX 4. All loxes will need to be installed with anchor bolls clesii:nesl for conormie or hulls crest il[to the concrete prior to box installation. Minimum i113tttlhIIion rCEluiIWQN four (4) bolls ai IV' (a[ niulimum}, -There ai'c eiPllt (8) fabricated 7f8" diameter ho€o with 3116" recess in [lie box specifically t'ur these bolts, Sonic imullatlons may regtfi Y: leveling, and Pouring of it COncreilie pad. 1I nn concrete Iaac[ c{a'rcntly exiSNmy is not level at the install lk)cBtlon. A.dditfonally, any relocation or redirection ref londscaping irrigakm will be covered as part of the installation process. Couuf� C'I I Y Or SANI•A ANA 25J -14 PCIII FwC AGquisiGpn I,icensL• Rcy LII' m "I' V ulgls Licensc Number I.Ad}Q1& REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: ADOPT RESOLUTION AUTHORIZING THE PURCHASE OF BASIC LIFE INSURANCE, ACCIDENTAL DEATH AND DISMEMBERMENT BENEFIT, SUPPLEMENTAL LIFE INSURANCE, AND LONG-TERM DISABILITY INSURANCE FOR EMPLOYEES THROUGH THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY {STRATEGIC PLAN NO. 7; 61 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the purchase of basic life insurance, accidental death and dismemberment benefit, supplemental life insurance and supplemental death and dismemberment benefit, dependent life insurance and long-term disability insurance for City employees through Hartford Life and Accident Insurance Company beginning January 1, 2020. 2. Receive and file renewal rates for employee basic life, supplemental life, dependent life insurance, long-term disability, and accidental and dismemberment benefits, and supplemental accidental death and dismemberment for the calendar year 2020. DISCUSSION The City contracted with Aetna Life Insurance for Basic Life and Supplemental Life, Long -Term Disability Insurance and Accidental Death and Dismemberment with an automatic yearly renewal. The Hartford acquired Aetna Life Insurance business on November 1, 2017, and is now the administrator and reinsurer for this insurance coverage. Coverage and service with Aetna terminated effective August 31, 2019 and became effective with The Hartford on September 1, 2019, the policy with The Hartford reflected choices and information on file with Aetna. The renewal billing guarantee period with Aetna was approved from January 1, 2015 through January 1, 2020. The Hartford assumed the rate guarantee through January 1, 2020 as well (Exhibit 1). Keenan and Associates is the broker of record for the agreement with The Hartford. The broker is eligible to receive compensation from The Hartford if they choose to participate in The Hartford's incentive programs as described in Exhibit 1. 55A-1 Agreement with The Hartford Life December 17, 2019 Page 2 of 2 Staff is recommending that the City renew the agreement with The Hartford on January 1 of each year, beginning in 2020. The rate guarantee is for one (1) year beginning January 1, 2020 through December 31, 2020. The rates did not increase for the plan year 2020 (Exhibit 2). However, plan benefits changed slightly for Basic Life Insurance and Long Term Disability due to some bargaining unit contract approvals approved by the City Council this past year. The schedule(s) of insurance for the policy benefits with The Hartford are as follows: 1. Basic Life Insurance 2. Supplemental Life Insurance 3. Dependent Life Insurance 4. Long Term Disability Insurance 5. Accidental Death and Dismemberment Benefit 6. Supplemental Dependent Accidental Death and Dismemberment Benefit STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 — Team Santa Ana, Objective #6 (Provide a positive workplace environment that supports the health of its employees and celebrates its success). FISCAL IMPACT There is no additional fiscal impact associated with this agreement. Funds are budgeted and available in the amount of $680,300 for FY 2019-20, Human Resources Benefits Account (account no. 08109053-64010) to pay for group insurance premiums in which commissions are included, employees pay their own premiums for supplemental life insurance benefits. APPROVED AS TO FUNDS AND ACCOUNTS: Steven V. Pham Kathryn Downs, CPA Executive Director Executive Director Human Resources Agency Finance and Management Services Agency Exhibits: 1. Resolution; Terms and conditions for basic life insurance, supplemental life insurance, dependent life insurance, accidental death and dismemberment benefit and supplemental accidental death and dismemberment benefit. 2. The Hartford Renewal Rates for calendar year 2020 55A-2 EXHIBIT 1 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE PURCHASE OF BASIC LIFE INSURANCE, ACCIDENTAL DEATH AND DISMEMBERMENT BENEFIT, SUPPLEMENTAL DEPENDENT ACCIDENTAL DEATH AND DISMEMBERMENT BENEFIT; SUPPLEMENTAL LIFE INSURANCE, DEPENDENT LIFE INSURANCE, AND LONG TERM DISABILITY INSURANCE FOR EMPLOYEES THROUGH THE HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In its current Memorandums of Understanding ("MOU") between the City and its employee unions, Executive Management benefit Resolutions, and employment agreements with appointed officials, the City Council has approved the provision of various life insurance and other benefits that include, life insurance, accidental death and dismemberment benefit, supplemental life insurance, dependent life insurance, supplemental accidental death and dismemberment benefit, and long-term disability insurance ("insurance and benefits"). B. From January 1, 2015 to December 31, 2019, the City contracted with Aetna Life Insurance for these insurance and benefits. The City's current policy with Aetna Life Insurance was taken over by The Hartford Life and Accident Insurance Company ("The Hartford") effective September 1, 2019. However, the rate guarantee originally offered by Aetna expires December 31, 2019. C. The City contracts with a broker, Kennan & Associates, for securing many employee benefits including dental insurance, life insurance, accidental death and dismemberment benefit, supplemental life insurance and long term disability insurance. Kennan & Associates periodically reviews the City's insurance and benefits to make sure that the rates and coverages are competitive in the marketplace. D. The Hartford has offered coverage for the insurance and benefits pursuant to the terms and conditions attached hereto and marked as Exhibit " 1" and incorporated herein as though fully set forth. The terms and conditions satisfy the City's obligations to provide these benefits pursuant to MOUs 55A-3 with the various employee organizations, Executive Management benefit Resolutions, and employment agreements with appointed officials. E. Pursuant to the authorization requested in this Resolution, the City will continue to purchase the insurance and benefits through the Hartford until coverage is cancelled by the City. F. The Hartford has provided a rate guarantee for January 1, 2020 to December 31, 2020 for the insurance and benefits on the terms set forth in Exhibit "1". The rate guarantee along with the coverages are attached hereto as Exhibit "2" and incorporated herein as though fully set forth. G. The rate guarantee offered by The Hartford is competitive in the marketplace as evaluated by the City's broker and does not increase the rates offered by Aetna for 2019. H. The City will receive annual renewal notices for the upcoming year for The Hartford's proposed premiums for the insurance and benefits coverages authorized pursuant to this Resolution. Each year, City staff will provide the annual renewals notices to the City Council for review. Section 2: The City Council of the City of Santa Ana approves the purchase of basic life insurance, supplemental life insurance, dependent life insurance, long term disability insurance, accidental death and dismemberment benefit and supplemental dependent accidental death and dismemberment benefit for employees through The Hartford Insurance Company pursuant to the terms and conditions set forth in Exhibit "1" starting January 1, 2020 until cancelled. Section 3: The City Council of the City of Santa Ana authorizes and delegates to the City Manager the authority to execute and/or sign any documents, paperwork, and/or policies necessary to procure the insurance and benefits through the Hartford, as set forth In Section 2 of this Resolution. Section 4: This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of December, 2019. Miguel A. Pulido Mayor 55A-4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: '&UAa, Laura A. Rossini Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original Resolution adopted by the City Council of the City of Santa Ana on December 17, 2019. Date: Clerk of the Council City of Santa Ana 55A-5 HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY One Hartford Plaza, Hartford, Connecticut 06155 (A stock insurance company, herein called The Company) will pay benefits according to the terms and conditions of The Policy. Name of Policyholder: CITY OF SANTA ANA Policy Number: GUGLT-803893 Anniversary Date: January 1 of each year, beginning in 2020 Policy Effective Date: September 1, 2019 Premium Due Dates: Monthly, on the first day of each policy month Signed for The Company: Lisa Levin, Secretary Place of Delivery: California Michael Concannon, President Countersigned by..................................................................... Licensed Resident Agent or Registrar RIGHT TO RETURN THE POLICY: YOU HAVE THE RIGHT TO RETURN THE POLICY WITHIN 30 DAYS AFTER ITS RECEIPT VIA REGULAR MAIL OR OTHER DELIVERY METHOD AND TO HAVE THE FULL PREMIUM AND MEMBERSHIP FEES REFUNDED. THE RETURN VOIDS THE POLICY FROM THE BEGINNING. THE PARTIES SHALL BE IN THE SAME POSITION AS IF NO CONTRACT HAD BEEN ISSUED. ALL PREMIUMS PAID AND ANY POLICY FEE SHALL BE FULLY REFUNDED BY US, AND ANY MEMBERSHIP FEE SHALL BE FULLY REFUNDED BY THE ENTITY CHARGING THE FEE, WITHIN 30 DAYS OF OUR RECEIPT OF THE RETURNED POLICY. IF, AT THE TIME OF APPLICATION OR AT THE TIME OF DELIVERY OF A GROUP TERM LIFE INSURANCE POLICY OR CERTIFICATE, AN INSURER, ITS AGENT, GROUP MASTER POLICYOWNER, OR ASSOCIATION COLLECTS MORE THAN ONE MONTH'S PREMIUM FROM AN INDIVIDUAL WHO IS 60 YEARS OF AGE OR OLDER ON THE DATE HE OR SHE PURCHASED COVERAGE, THE INSURER SHALL PROVIDE THE INDIVIDUAL WITH A PRORATED REFUND OF THE PREMIUM IF THE INDIVIDUAL DELIVERS A CANCELLATION REQUEST TO THE INSURER DURING THE FIRST 30 DAYS OF THE POLICY PERIOD. Form GBD-1000 A (10/08) (CA) Table of Contents Schedule of Insurance 3 Premium Provisions 4 Policy Provisions 8 y Incorporation Provision 10 Form GBD-1000 A (10108) (CA) 55A-7 SCHEDULE OF INSURANCE The Schedule(s) of Insurance for The Policy benefits listed below are shown in the Certificate(s) of Insurance, as incorporated into The Policy. 1) Basic Life Insurance 2) Supplemental Life Insurance 3) Dependent Life Insurance 4) Long Term Disability Insurance 5) Accidental Death and Dismemberment Benefit 6) Supplemental Dependent Accidental Death and Dismemberment Benefit The Schedule(s) of Insurance will address the: 1) benefit amounts and maximum limits; 2) eligibility and effective date requirements; and 3) other schedule amounts and limits; which apply to the employees of the Policyholder. Form GBD-1000 A (10/08) (CA) y � • PREMIUM PROVISIONS Initial Monthly Premium Rates The initial monthly premium rates to be charged for employee coverage and/or child/spouse coverage, if applicable, are shown on the following page(s). The first premium is due and payable on the effective date of The Policy. Subject to The Policy's grace period provision, all premiums after the first must be paid when or before they are due. Premiums are based on the employee's age on his or her effective date and thereafter on the first day of the month following the month in which his or her birthday occurs. For Lang Term Disability Benefits, the amount of an employee's Indexed Pre -disability Earnings which is disregarded in determining his or her Monthly Benefit because of the Maximum Monthly Benefit limitation will also be disregarded in determining the amount of the total insured payroll. The Initial Monthly Premium Rates may be converted as follows To Convert Rates to: Use a Conversion Factor of: annual rates 11.8227 semi-annual rates 5.9557 quarterly rates 2.9852 Grace Period The Company will allow the Policyholder a 60 day grace period for the payment of all premiums after the first. During this 60 day period, The Policy will stay in force. If the owed premium is not paid by the 60th day, The Policy will automatically terminate. If the Policyholder gives The Company written advance notice of an earlier cancellation date, The Policy will terminate on the earlier date. Premium is due for each day The Policy is in force. Monthly Premium Rate Guarantee Initial Monthly Premium Rates are guaranteed as follows: Benefit Rate Guarantee Period Long Term Disability Benefits until January 1, 2020 Basic Life Insurance until January 1, 2020 Supplemental Life Insurance until January 1, 2020 Supplemental Dependent Life Insurance until January 1, 2020 Basic Accidental Death and Dismemberment Benefit until January 1, 2020 Supplemental Accidental Death and Dismemberment Benefit until January 1, 2020 Subject to the Rate Guarantee Period shown above, The Company has the right to change premium rates on any premium due date if: 1) written notice is delivered to the Policyholder's last address on record; and 2) the change is effective at least 31 days after the date of notice. The Rate Guarantee Period supersedes only those provisions appearing elsewhere in this Policy which give The Company the right to change the premium rates, and then, only for the period of time for which the rates are guaranteed. However, The Company may change the premium rates during the Rate Guarantee Period if there is a change in The Policy, or if there is a 10% increase or decrease in the number of insured Employees, or if the Policyholder adds or deletes a subsidiary or affiliated business entity. The Company may also change the premium rates during the Rate Guarantee Period if there has been a material misstatement in the reported experience during the pre -sale process. The Rate Guarantee Period in no way affects, amends or supersedes any other provision in The Policy. Form GBD-1000 A (10/08) (CA) 4 55A-9 PREMIUM PROVISIONS Calculation Premiums may be calculated by multiplying the rate times the applicable number of units of coverage. If any insurance is added, increased or becomes effective after The Policy is in force, the premium charges will begin on 1) the day the coverage is effective, if it is also the first day of a policy month; or 2) the first day of the next policy month. For insurance which is terminated, premium charges will stop as of the first day of the next policy month. With respect to Dependent Life Insurance only, the premium rate per Dependent unit or per $1,000 of insurance, whichever is applicable, will be based on actuarial assumptions, due to the difficulty in obtaining the ages of all Dependents who are covered under this benefit. The actuarial assumptions will produce, in the opinion of The Company, the same total amount of premium as would be obtained by the use of the actual ages of the Dependents covered. Premiums may be calculated by any other method which both The Company and the Policyholder agree to in writing. Premium Payments Premium payments are due and payable in full to a place designated by The Company or, with respect to the initial premium payment, premium payments may be made to an authorized agent of The Company. The pre -payment of premiums for a particular period by the Policyholder is not a guarantee that The Policy will remain in force. All premiums due under The Policy shall be remitted by the Policyholder or the Policyholder's designee to The Company on or before the due date. Form GBD-1000 A (10/08) (CA) 5 55A-10 PREMIUM SCHEDULE Long Term Disability Benefits: CITY OF SANTA - LTD CORE: $8.78 per insured person CITY OF SANTA ANA - LTD B/U: $15.93 per insured person CITY OF SANTA ANA: $.352 per $100 of covered payroll Basic Life Insurance: $.102 per $1,000 Supplemental Life Insurance: For each $1,000 of Supplemental Life Insurance the monthly premium rate shall be determined in accordance with the employee's age as follows: Employee Age Rate Less than 30 $.055 30 - 34 $.083 35 - 39 $.11 40 - 44 $.166 45 - 49 $.294 50 - 54 $.552 55 - 59 $.672 60 - 64 $1.095 65 - 69 $1.978 70 - 74 $1.978 75 or over $1.978 Supplemental Dependent Life Insurance: Spouse: For each $1,000 of Supplemental Dependent Life Insurance the monthly premium rate shall be determined in accordance with the employee's age as follows: Employee Age Rate Less than 30 $.055 30 - 34 $.083 35 - 39 $.11 40 - 44 $.166 45 - 49 $.294 50 - 54 $.552 55 - 59 $.672 60 - 64 $1.095 65 - 69 $1.978 70 - 74 $1.978 75 or over $1.978 Child(ren): $.10 per $1,000 unit Basic Accidental Death & Dismemberment and $.02 per $1,000 Loss of Sight Benefit: Supplemental Accidental Death & Dismemberment and Loss of Sight Benefit: Form GBD-1000 A (10/08) (CA) 55A-11 PREMIUM SCHEDULE SUPP AD&D - EMPLOYEE ONLY: $.03 per $1,000 SUPP AD&D - FAMILY: $.03 per $1,000 Form GBD-1000 A (10/08) (CA) 55A-12 POLICY PROVISIONS Entire Contract The contract between the parties consists of: 1) The Policy; 2) any Certificate(s) of Insurance incorporated and made a part of The Policy; 3) any riders issued in connection with such Certificate(s) of Insurance; 4) the Policyholder's application, if any, a copy of which is attached to and made a part of The Policy when issued; and 5) any individual application submitted by the Employee and accepted by The Company in connection with The Policy. All statements made by the Policyholder, or persons insured under The Policy will be deemed representations and not warranties. No statement made to affect this insurance will be used in any contest unless it is in writing and a copy of it is given to the person who made it, or to his or her beneficiary or personal representative. Incontestability Except for non-payment of premium, the insurance provided by The Policy cannot be contested after such insurance has been in effect for a period of 2 years. Changes The Company reserves the right to make changes in The Policy, after The Policy has been in force for 12 months. The Company will give the Policyholder 31 days advance written notice of any change. No agent has authority to change or waive any part of The Policy. To be valid, any change or waiver must be in writing, approved by one of our officers and made a part of The Policy. Clerical Error Clerical error (whether by the Policyholder, the Plan Administrator, or The Company) in keeping the records having to do with The Policy, or delays in making entries on the records, will not void the insurance of any person if that insurance would otherwise have been in effect. A clerical error will not extend the insurance of any person if that insurance would otherwise have ended or been reduced as provided by The Policy. When a clerical error is found, premiums and benefits will be adjusted based on the true facts and The Policy. Conformity with Law If any provision of The Policy is contrary to the law of the jurisdiction in which it is delivered, such provision is hereby amended to conform to that law. If any change to state or federal law, including but not limited to the Federal Social Security Act, affects The Company's liability under The Policy, The Company may change The Policy, the premiums or both. Such change: 1) will be effective as of the date of the change to the state or federal law; and 2) will not be made until The Company gives the Policyholder 31 days notice. Termination of Policy The Company may terminate The Policy for the following reasons by giving the Policyholder 31 days written notice: 1) the Policyholder fails to furnish information necessary to the administration of the Policy; 2) the Policyholder fails to perform any of its obligations necessary to the administration of this Policy; 3) Less than 100% of the persons eligible for coverage on a Non-contributory basis are insured; 4) Less than 25% of the persons eligible for coverage on a Contributory basis are insured; or 5) Fewer than 10 persons are insured. In addition, The Company may terminate this Policy on any premium due date after The Policy has been in force for 12 months by providing 31 days written notice. If The Policy is terminated, the Policyholder is responsible for providing notice to insureds of their right to convert under The Policy. The Company reserves the right to terminate Dependent Life Insurance Benefits on any premium due date on which: 1) there are fewer than 10 persons insured for Dependent coverage; or 2) less than 25% of the persons eligible for Dependent coverage on a Contributory basis are insured. The Company shall give the Policyholder 31 days notice of its intent to terminate the Dependent Life Insurance Benefit. Form GBD-1000 A (10/08) (CA) 8 55A-13 POLICY PROVISIONS Certificate(s) of Insurance The Company will give individual Certificate(s) of Insurance to: 1) the Policyholder; or 2) any other person according to a mutual agreement among the other person, the Policyholder, and The Company; for delivery to persons covered under The Policy and which will explain the important features of The Policy. Data To Be Furnished The Policyholder, or any other person designated by the Policyholder, will give The Company all information The Company needs regarding matters pertaining to the insurance. At any reasonable time while The Policy is in force and for 12 months after that, The Company may inspect any of the Policyholder's documents, books, or records which may affect the insurance or premiums of The Policy. The Policyholder will, upon our request, give The Company: 1) the names of all persons initially eligible for coverage; 2) the names of all additional persons who become eligible for coverage; 3) the names of all persons whose amount of insurance is to be changed; 4) the names of all persons whose eligibility or insurance is terminated; and 5) any data necessary to administer the insurance provided by The Policy. If the Policyholder gives The Company any incorrect information, the relevant facts will be determined to establish if insurance is in effect and in what amount. No person will be deprived of insurance to which he is otherwise entitled or have insurance to which he is not entitled, because of any misstatement of fact by the Policyholder. Any required adjustment may be made in premiums or benefits. Right to Audit The Company reserves the right to audit, once every 2 years, the Policyholder's billing records and premium accounting practices. If The Company discovers: 1) an underpayment of premium by the Policyholder, the Policyholder will be obligated to remit, in a timely manner, the underpayment amount; or 2) an overpayment of premium, The Company will return any overpayment amount in a timely manner; for the previous 2 year period. Not in Lieu of Worker's Compensation This Policy does not satisfy any requirement for worker's compensation insurance. Time Period All periods begin and end at 12:01 A.M., standard time, at the Policyholder's address. Disclosure of Fees The Company may reduce or adjust premiums, rates, fees and/or other expenses for programs under The Policy. Disclosure of Services In addition to the insurance coverage, The Company may offer noninsurance benefits and services to Active Employees. Form GB13-1000 A (10/08) (CA) 9 55A-14 INCORPORATION PROVISION The Certificate(s) of Insurance and Rider(s) listed below are attached to, incorporated in and made a part of, The Policy. Certificate(s) of Insurance Rider(s) Form GBD-1100 (10108) (CA) (803893) 1.08 Form GBD-1100 (10/08) (CA) (803893) 2.07 Form GBD-1100 (10/08) (CA) (803893) 3.05 Form GBD-1100 (10/08) (CA) (803893) 4.07 Form GBD-1100 (10/08) (CA) (803893) 5.05 Form GBD-1100 (10/08) (CA) (803893) 6.05 Form GBD-1200 (10/08) EM LTD (CA) (Rev-1) (803893) Form PA-9474 (10/08) EM (CA) 7.04 Form GBD-1200 (10/08) EM LTD (CA) (Rev-1) (803893) Form PA-9474 (10/08) EM (CA) 8.04 Form GBD-1200 (10/08) EM LTD (CA) (Rev-1) (803893) Form PA-9474 (10/08) EM (CA) 9.04 The provisions found in the Certificate(s) of Insurance will address the benefit plan, period of coverage, exclusions, claims and other general policy provisions pertaining to state insurance law requirements. Form GBD-1000 A (10/08) (CA) 10 55A-15 NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association ("the Association"). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. Amounts of Coverage The basic coverage protections provided by the Association are as follows. Life Insurance, Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: o Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 o Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association's website www.califega.org. (please turn to next page) Printed in U.S.A. CA v.5 55A-16 COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: • A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract • A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society • If the person is provided coverage by the guaranty association of another state • Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual • Employer and association plans, to the extent they are self -funded or uninsured • A policy or contract providing any health care benefits under Medicare Part C or Part D • An annuity issued by an organization that is only licensed to issue charitable gift annuities • Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract • Any policy of reinsurance unless an assumption certificate was issued • Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association's website at www.califega.org, or contact either of the following: California Life and Health Insurance Guarantee Association P.O. Box 16860 Beverly Hills, CA 90209-3319 (323)782-0182 California Department of Insurance Consumer Communications Bureau 300 South Spring Street Los Angeles, CA 90013 (800)927-4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. Printed in U.S.A. CA v.5 55A-17 Prepare. protect. prevail." THE ol 06/26/2019 HARTFORD Business Insurance Employee Benefits CITY OF SANTA ANA Auto 20 CIVIC CENTER PLAZA, M-24 Home SANTA ANA, CA 92701 Producer Commission and Incentive Programs for CITY OF SANTA ANA Dear Policy Holder: Thank you for giving The Hartford the opportunity to provide group benefits to your employees. We value your business and look forward to maintaining a long lasting relationship. As part of our commitment to you, we would like to take this opportunity to provide information regarding compensation your producer is eligible to receive from The Hartford. Our producer compensation programs reflect our fundamental belief in providing fair and competitive compensation that reward producers for their performance. Participation in Incentive Programs is voluntary. Your producer may decline to accept any payment upon written notice to The Hartford. Basic Life -Flat 10% Supplemental Dependent Life -Flat 10% Voluntary Life -Flat 10% Long Term Disability -Flat 10% Basic ADD -Flat 10% Supplemental ADD -Flat 10% Additional Compensation (Contingent and Supplemental) Your producer may earn additional compensation on Group Benefits business if they meet pre -described qualification criteria. Performance metrics reviewed annually to determine qualification include minimum premium retention percentages, new sales activity, and size of the producer's block of Group Benefits business with The Hartford. Available bonuses range from .30% to 5% of premium. Depending on the producer, payments are made quarterly, semi-annually, and/or annually. Payments made under the Partner Rewards Program (if applicable) are not included in the determination of your specific case premium. The costs of the Partner Rewards Program are incurred as general operating expenses of The Hartford. For ERISA Plans The Hartford reports commissions, contingent commissions (including Partner Rewards Program), fees and the value of non -cash compensation provided to producers on a Schedule A Worksheet to assist in your completion of Form 5500 in accordance with applicable law. cc: MARSHAWNBERECZ The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including underwriting companies Hartford Life and Accident Insurance Company and Hartford Fire Insurance Company. Home Office is Hartford, CT. The Hartford is the administrator for certain group benefits business written by Aetna Life Insurance Company and Talcott Resolution Life Insurance Company (formerly known as Hartford Life Insurance Company). 02o1S by The Hadlord.Classification: Company Coufrdenb'al. No had o{Wytloc —14ipe Wood, published or used without the permission of The Hadlool Business lnsumnoe Employee Benefits Auto July 12, 2019 Home CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, M-24 SANTA ANA, CA 92701 Important Information Regarding Your Aetna Group Life and Disability Coverage Dear Carrie Hanes, The Hartford acquired Aetna's U.S. Group Life and Disability business on November 1, 2017, and is now the administrator and reinsurer for this insurance coverage. As a result, your Group Life and Disability Insurance or service with Aetna will be transitioned to The Hartford. Your coverage and service will terminate with Aetna on August 31, 2019, and become effective with The Hartford on September 1, 2019, and your policy will reflect your choices and information on file with Aetna.' An Easy Transition for Your Employees Your employees will receive the same level of coverage with The Hartford, delivered with the Impeccable claims and service experience for which we're recognized. If there is a current claim in process during the transition of coverage, this will cause no disruption in claims service.2 Note that any life claim in progress on Aetna's Employee Secure Website needs to be submitted before your policy transition date --September 1, 2019—to ensure the claim is processed. Your New Group Benefits Experience As a new customer of The Hartford, we would like to introduce you to our Flexible products, convenient self-service tools and superior customer service. You can look forward to a seamless transition along with unchanged premium rates/fees guaranteed through your current rate guarantee period. The Hartford's Ability Advantage® As part of the upcoming transition of your Group Disability insurance from Aetna to The Hartford, your employees' claims will be managed through The Hartford's Ability Advantage claims and absence management platform. There will be no disruption in claims service during this transition. You and your employees can look forward to industry -leading benefits and absence administration powered with state-of-the-art technology. To enable early reported claims, we will transition open and historical disability claims approximately one month before your transition date. This means that you should begin using our Ability Advantage platform on July 29, 2019 for policy administration and claims management. We will be notifying claimants via a letter In mid -July. Your user IDs and passwords will remain the same — and your active and historical claims detail will be available once your claims have transitioned. You should continue to log in to Aetna's site until your claims have been transitioned to The Hartford's Ability Advantage. Your new experience includes the following new URI_ for claim self-service as well as a new phone number for your employees on claim. https://abilityadvantage.thehartfoi d. coin 888-301-5615 Your transition to The Hartford's Ability Advantage platform will provide you many new services, capabilities and areas of expertise in the future. See the enclosed document to understand your online experience beginning July 29. Product Comparison Guide There are certain instances where Aetna's policies may differ from The Hartford's. The Group Life and Disability products arc similar in their coverage, but there is some differentiation between contracts. A comparison of key differences in The Hartford and Aetna policies is enclosed for your reference? 55A-19 Administrative Services and Other Non -insurance Agreements If you have an Administrative Services Agreement through which Aetna provided administrative services for self -insured Group Disability Benefits or Leave Management, the contract will be assigned to The Hartford when your Group Insurance coverage transitions to The Hartford. Also, in order to ensure a smooth transition, where it makes sense and to the extent possible, any other related non -insurance agreements currently in place with Aetna will be assigned to The Hartford." As of the effective date of the assignment, The Hartford replaces Aetna as a party to the assigned agreements. You do not have to take any action to accept this change. Please keep this notice of assignment with your Aetna Group Benefits agreements and continue to make your service fee payments as you do today. Since active claimants will receive payments from both Aetna and The Hartford in 2019, you will receive individual reports split by each company's Federal Employer Identification Number (FEIN). This is due to government regulatory requirements that all Disability benefit payments must be segregated by the FEIN under which those payments were made (Aetna or The Hartford). Therefore, for year-end 2019, you will receive the following Individual reports based on FEIN: • THIRD -PARTY SICK PAY STATEMENT • UNEMPLOYMENT TAXABLE WAGE REPORT • DISABILITY PAYMENT REPORT In addition, if you are responsible for making all Employer FICA tax payments (CASDI and Medicare) directly to the government, the FICA Detailed Tax Pass Back Report will also be split individually by each company's FEIN. Next Steps ✓ Continue To Pay Any Invoices From Aetna During the transition of your coverage, if you receive any invoices from Aetna for outstanding premium, continue to make those payments addressed to Aetna, in the same way you make payments today. ✓ Payment Of Your September Invoice From The Hartford You will receive your September 2019 invoice from The Hartford by the end of August. Your payment of this invoice will confirm the transition of your coverage to The Hartford. Payment instructions will be provided with the invoice, Be sure that this and all future payments are made to The Hartford, not Aetna. ✓ A Representative From The Hartford Will Be Contacting You Your Client Relationship Manager will call you to explain yourtransltion process and answer any questions you may have. ✓ Watch For Your Welcome Email In the next couple of weeks, we will send you an email with resources to help you and your employees transition to The Hartford. ✓ Policy Certificates and Notices Once your Hartford policy is in our online employer portal, you can easily access your policy booklets and certificates online. Please provide updated certificates to your employees. At The Hartford, we value your business and look forward to continuing to serve you and your employees in an even greater capacity. You will soon be contacted by The Hartford, but feel free to reach out to us if you have questions in the meantime. You may contact your Client Relationship Manageror our Customer Service Department by email at gbdcustomerservice@theharlford.com or by phone at (800) 523.2233 Monday through Friday, 8 a.m. to 8 p.m. ET. Sincerely, / f _ Lori High Senior Vice President Sales and Relationship Management Group Benefits The Hartford 55A-20 Business Insurance Employee Benefits Auto Home This includes the tax treatment of benefits, and other tax inform atlon contained in the Aetna Agency Agreement for Sick Pay. This also includes producer commissions. The Hartford compensates both internal and external producers for the sale and service of our products. In most cases, producers are paid a commission, which is fixed or based on a percentage of the premium, In addition, producers may be eligible for the various forms of incentive compensation, including contingent commission and other non -cash awards. Please visit our web site for more information on The Hartford's compensation program at htto�//thehartford com/orouo-benefits-producer-compensation or contact your Hartford representative. 2 If any employee has applied for coverage that is pending with Aetna, or approved by Aetna but not effective under the Aetna policy as of the date of the transition, they may be required to complete a Hartford application before coverage can become effective with The Hartford. The enclosed document is a high-level comparison of your Aetna benefits against The Hartford's benefit availability; it is not a line -by-line comparison and may not reflect all of the differences between your Aetna contract and your Hartford contract. < Examples of agreements that will be assigned to The Hartford include: Administrative Services Agreements, Master Services Agreements, Aetna Agency Agreements for Sick Pay and other agreements regarding FICA and tax treatment of benefits, Confidentiality and Non -Disclosure Agreements, plan sponsor letters, and WorkAbility self-service software licensing agreements. Provisions relating to Aetna medical, dental or other benefits which are not part of the business acquired by The Hartford will not be assigned to The Hartford and will remain with Aetna. In addition, there are other agreements and provisions that have not been assigned, including the following examples about which your Relationship Manager will contact you to discuss: performance or service guarantees, and contracts relating to paid -up coverage, reserve buyout agreements and other funding or deposit agreements. The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including underwriting companies Hartford Life and Accident Insurance Company and Hartford Fire Insurance Company. Home Office is Hartford, CT. The Hartford is the administrator for certain group benefits business written by Aetna Life Insurance Company and Talcott Resolution Life Insurance Company (formerly known as Hartford Life Insurance Company). Copyright © 2019 by The Hartford. Confidential. All rights reserved. No part of this document may be reproduced, published or posted without the perrnlssion of The Hartford. Disability Form Series includes GBD-1000, GBD-1200, or state equivalent. Life Forth Series includes GBD-1000, GBD-1100, or state equivalent. 7261 b NS 07119 206352873_2 LAW 55A-21 SIDE -BY -SIDE PRODUCT COMPARISON THE HARTFORD This document prepared for City of Santa Ana shows certain instances where Aetna's policies may differ from The Hartford's. The products are similar in their coverage, but there is some differentiation between the contracts. This document provides a high-level overview of these key differentiations. The provisions and practices referenced below have been extracted or described for comparison purposes and may not reflect the complete provisions. Benefits are subject to state availability.' Eligibility - Employees working outside the U.S were addressed administratively. Handicapped Children - Child does not need to be disabled before reaching the limiting age and proof of handicap is not required to be submitted within 31 days after the date child reaches the maximum age under plan. Evidence of Insurability (EOI) - NOT required for salary increases that place a benefit above the Guarantee Issue (GI) amount. Accelerated Death Benefit - 75%, up to $500,000 and 24-month terminal illness period is standard offering. Accelerated Death Benefit (ADS) - Terminal illness along with medical condition triggers included as triggers to apply for ADB. Family Status Change (FSC) - Not Included. Handled administratively. Reinstatement - Not standardly included. Eligibility - Employees working outside the U.S. must be addressed in the contract. Handicapped Children - Child must be disabled prior to reaching limiting age and proof Is required within 30 days from 26th birthday. Evidence of insurability (EOI)- Required for first salary increase that places a benefit above the Guarantee Issue (GI) amount. Accelerated Death Benefit - 60%, up to $500,000 and 12 months terminal illness period is standard offering. Accelerated Death Benefit (ADB) - Terminal illness only. Medical conditions not included as a trigger for applying for ADS. Family Status Change (FSC) - Standardly included in contract. Reinstatement - 12-month reinstatement period. Need to identify all eligible employees when converting in order to ensure accurate eligibility is reflected in The Hartford's contract. The Hartford's contract has tighter requirements around coverage on handicapped children. The Hartford's contract can match this benefit; however, state restrictions may apply. The Hartford can match the 24-month terminal illness period, however, state restrictions may apply. The Hartford does not offer'medical conditions' as a trigger for applying for ADB. The Hartford's contract places clarity and parameters around what constitutes a Family Status Changes (FSC) and what changes in coverage are allowed. Under The Hartford's contract, remstatement is allowed if rehired within 12 months. 55A-22 Premium Waiver — No refund of premium back to date disability started for supplemental (contributory) coverage. Dependent Life and all AO&O coverage ends once employee is approved for extension. Qualifying period will start over If employee returns to work at any time during qualifying period. Dependent coverage that Is contributory is not part of premium waiver. Death prior to premium waiver approval, claim may be payable with or without payment of premium, Portability — Under port, employee remains covered for the exact same provisions under the existing policy. Coverage can be ported up to the age of ga. Employee and spouse coverage, provided premium Is paid may extend to age 99, Amounts over $500,000 may require evidence of insurability. Two-year suicide exclusion only Included under port if person was covered less than two years on group plan. Employee must part coverage In order for dependent spouselchild to part. Once coverage is ported, If employee dies, dependents lose ported coverage. III or Injured persons cannot port coverage. Accelerated Death benefit not offered under ported coverage. Portability is offered if employment ends due to retirement. Accidental Death coverage may be purchased if covered for AD&O on underlying group plan. Conversion not available if ported coverage ends. Premium Waiver — Automatic approval for premium waiver upon terminal Illness diagnosis. Refund of premium once premium waiver is approved back to date of disability. Attempt to return to work does not impact qualifying period if less than 5 days. Dependent coverage that is contributory can be extended without premium if employee remains eligible for premium waiver. When policy terminates, dependent coverage that was allowed to continue ends. Death prior to premium waiver approval, claim only payable if premium received. Portability — The employeewill be issued a new certificate under their port policy. Coverage can be ported up to the age of 75. Employee and spouse coverage, provided premium is paid may extend to age 75. No evidence of insurability. Two-year suicide exclusion on all ported coverage from date of port Issuance. Surviving dependent spouse/child can port coverage. Once coverage is ported, if employee dies, dependents may continue ported coverage. III or injured persons can port coverage. Accelerated Death Benefit is allowed under ported coverage. Accidental Death and Dismemberment (AD&D) coverage not offered under portability. Conversion is available if parted coverage ends. Both plans provide similar premium waiver. ,Aetna's contract Is less restrictive around benefits payable if death occurs before waiver of premium is approved. However, The Hartford's ability to return to work for up to 5 days, refund of premium, and dependent continuation without premium are more favorable. Both carriers provide portability with various differences. The Hartford's portability will be provided. :�--�l-$+� [p$jc�+�ui��..Si.eps ,4j.1{NyyHS Gi{.n(fi�`y^2p�'1yti + kw,� �ppe� .� ,l4Y"Pe tiPry AD&D Exclusions — Includes an extensive list of AD&D exclusions beyond the following: war, self- inflicted injury, commission of or attempt to AD&D Exclusions — Standardly includes exclusion for war, self- inflicted Injury, commission of or attempt to commit a felony, sustained while taking Both have exclusions that tie to the AD&D benefits. The Hartford's contract is slightly more favorable in that It is less restrictive. 55A-23 commit a felony, sustained while taking drugs except as prescribed by a physician, while intoxicated and while on full-time, active duty in the armed forces. Coma Benefit — Full principle sum is paid over a 12-month period Third Degree Bum Benefit — Pays 100% of principle sum if 75% or more of your body is burned and pays between 50% of principle sum it 50% to 74% of body is burned. Repatriation of Mortal Remains — Will pay a benefit if outside a 200-mile radius from principle place of residence. Education Benefit — Dependent Childfren) Covers education level kindergarten to 12" grade and post high school Total Disability Benefit — Waives the 365-day covered loss period if - the accident left the person disabled and they die as a direct result of the injuries sustained in the accident. Delete If current contract does not include Traumatic Brain Injury Benefit — We will pay a traumatic brain injury benefit I you [or your dependent) suffer an accident that causes permanent brain damage that cannot be reversed. Exclusions — War Self-inflicted Injury Commission of or attempt to commit a criminal act Insurrectionrebellion, or taking part in a riot or civil commotion Motor vehicle accident caused by operating the vehicle while you are under the influence of alcohol. drugs except as prescribed by a physician, while intoxicated and while on full-time, active duty in the armed forces Coma Benefit — Percentage of the principle sum is paid per month until maximum reached. Critical Burn Benefit — When included, this benefit pays 5% of principle sum to a maximum of $5,000 if 25% of the body is burned and can only be connected through reconstructive surgery Repatriation of Mortal Remains — Will only pay a benefit if transporting across state lines or county borders. Education Benefit — Dependent Children) Only pays benefit for child education benefit post high school. No similar benefit option. No similar benefit option. Exclusions — The Hartford's standard exclusions are: War Self-inflicted Injury Commission of or attempt to commit a Felony Engaged in an illegal occupation If not under regular care of physician The Hartford's payment percentage is variable and same principle sum can be paid over time. The Hartford's Critical Bum Benefit is more limited. It pays a lesser amount and only applies H there is a need for reconstructive surgery: however, it does not require the higher percentage of burn to occur to receive a benefit. The Hartford's benefit is slightly better since the only requirement is crossing state or county lines versus an actual miles limit. The Hartford's Dependent Child(ren) education benefit limits benefit to post high school students only. The Hartford does not currently support this benefit feature. The Hartford does not currently support this benefit feature. Both contracts exclude certain high -risk conditions or activities. In addition, Aetna and The Hartford both require claimants to be under the regular care of a physician, this requirement is reflected in The Hartford's Exclusions and Aetna's benefit eligibility. 55A-24 Family Status Change (FSC) — Family Status Change (FSC) — The Hartford's contract places clarity and Not included Standardly Included parameter around what constitutes a Family Status Changes (FSC} and what changes in coverage are allow. Reinstatement — 24-month waiver for probationary period and 6-month waiver pre-existing condition exclusion. 'rest of Disability — 80% earnings test applies Reinstatement — It is The Hartford's practice to allow a 12- month waiver for probationary period and pre-existing condition exclusion. Test of Disability — No earnings test for first 12 months of disability payments. At The Hartford, If a covered employee loses coverage because they left employment and are rehired within 12 months of their termination date, the Eligibility Writing Period for coverage Is waived, and depending on the condition/timing, they receive partial credit toward any pre-existing condition insured period that they had already satisfied. The Hartford's benefit provides richer coverage for first 12 months. This Is a high-level comparison of your Aetna benefits against The Hartford's benefit availability: it may not reflect differences instate availability, is not aline by line comparison and may not reflect all of the differences between your Aetna contract and your Hartford contract, In making this comparison, The Hartford reviewed key benefit features contained In your Aetna policy to determine whether The Hartford policy forms can achieve substantially the same coverage or meaning as the Aetna prov, slon, although The Hartford language may differ. The Hadforde Is The Hartford Financial Services Group. Inc and its subsidiaries, including issuing company Hartford Life and Accident Insurance Company Home Office Is Hartford, CT. Copyright C 2018 by The Hartford. Confidential. All rights reserved. No part of this document may be reproduced, published or posted without the permission of The Hartford. Disability Form Series includes GBDA 000, GBD-1200, or stale equivalent. Life form Series includes GBD-1000, CBD-1100, or state equivalent. 7261a NS 10118 ® 2018 The Hartford Financial Services Group, Inc. All rights reserved. 55A-25 Welcome to The Hartford's Ability Advantage THE .4 HARTFORD The Hartford's Ability Advantage delivers industry -leading benefits and absence administration powered with state-of-the-art technology. Comprehensive reporting and analytic capabilities make sure you get the timely, accurate and accessible information that's critical to the performance of your benefit program. Before your coverage officially transitions to The Hartford on September 1, 2019, we will already be administering your Aetna coverage and claims. Note that on July 29, you and your employees will begin managing your Disability and/or Life and/or Leave benefits and plan administration through The Hartford's Ability Advantage self-service platform. What happens on July 29? • There will be no disruption in claims service during this transition. • Your benefits and policy details will be available on The Harford's Ability Advantage portal at https://abilityadvantage.thehartford.com. • Your log in process isn't changing. Use the same ID and password used with Aetna. • You will no longer use Aetna's site to manage your benefits or plan administration. • You and your employees will be automatically redirected from Aetnadisability.com to the Ability Advantage portal where there will be a reminder to use your same ID and password. STATE-OF-THE-ART CD Claims Management CAPABILITIES Comprehensive view into ca+m and leave event including real-time claim details and status Leave Management Dashboard to trac% absences. and stay e updated on static fedarai leave regulations ® S 00 Plan Administration � Tools and resources to manage your policy with The Hartford w Reporting Organized and synchronized information for real-time reporting at all levels of the organization V BIII Administration & Access Management Manage users at your company and easily set the level of permissions provided to each 55A-26 What do you need to know about user access for online benefits and/or absence administration and tracking? What's changing? All Users: • If you are logging into your account on Aetna's website or the mobile app, you will see a message with a link to The Hartford's Ability Advantage portal. • Aetna's website and mobile app are no longer available; however, The Hartford's Ability Advantage site has the same functionality and is fully mobile responsive - the portal can be accessed from a phone, tablet or computer. • You will be able to use your existing Aetna user ID and password to access Ability Advantage. • Once logged in, you will be able to: o View both active and historical claims, and o View copies of letters, forms, emails and payments issued by Aetna and to see any subsequent claim activity administered by The Hartford after the transition. • Additionally, you can upload documents directly into The Hartford's Ability Advantage portal by using your web browser functions and/or using the camera upload features. Employers: • If you have responsibilities to pay The Hartford invoices and/or perform plan administration activities, you will now have easy access to those functions on The Hartford's online portal. • If you have systems administration permissions, you will now see the WEST Administration tool name changed to "Manage User Access." • If you have systems administration permissions, you will now see a new set of roles and permissions for billing and participant administration. c For improved security and privacy, only users with role -based permissions will be able to access and view the medical underwriting status of employees. • You will see improved navigation between your Supervisor dashboard and your own personal claim information. • You will have access to policy forms and flyers provided by The Hartford. • If you have life coverage transitioning, note that any life claim in progress on Aetna's Employee Secure Website needs to be submitted before your policy transition date --September 1, 2019—to ensure the claim is processed. Employees: • Claimants will have a new option to inquire about their claims, payments or any other topic with online chat support. • Employees can now view medical underwriting status, along with a copy of the decision letter. User guides with more details specific to employers and employees will be available on the Ability Advantage site. i, How to File a Claim videos will be available to all users under the Quick Links -Take A Tour section on the landing page of Ability Advantage. The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including underwriting companies Hartford Life and Accident Insurance Company and Hartford Fire Insurance Company. Home Office is Hartford, CT. The Hartford is the administrator for certain group benefits business written by Aetna Life Insurance Company and Talcott Resolution Life Insurance Company (formerly known as Hartford Life Insurance Company). © 2019 The Hartford 7236g NS 07/19 55A-27 EXHIBIT 2 7 of Hartford Life and Accident Insurance Company City of Santa Ana Basic Life and AD&D Insurance Supplemental Life and AD&D Insurance Long Term Disability Insurance Renewal Date January 1, 2020 The information contained herein is intended for the sole use of the Policyholder and Broker(s) of Record. Any other use is prohibited. THE wl HARTFORD Table of Contents Introduction Basic Life Insurance Premium Summary Supplemental Life Insurance Premium Summary Long Term Disability Insurance Premium Summary Aggregate Summary for All Lines Appendix THE .4 HARTFORD Introduction Thank you for trusting us to help protect one of your company's greatest assets — your employees Our rich 200-year history of helping our customers prepare, protect and prevail, combined with our expertise in delivering Group Benefits, allows us to create solutions that honor our relationships and make good on our promises We have completed a review of your current coverage. We appreciate your business and are pleased to offer the following renewal information for your consideration. This review provides important information about the performance and administration of your employee benefits program from The Hartford. We believe that you deserve the information necessary to make informed decisions about the benefit protection you offer your employees. All benefits are subject to the terms and conditions of the policy. Policies underwritten by the issuing companies listed above detail exclusions, limitations, reduction of benefits and terms under which the policies may be continued in force or discontinued. This material explains the general purpose of the insurance described, but in no way changes or affects the policy as actually issued. In the event of a discrepancy between this document and the policy, the terms of the policy apply. Complete details are in the Certificate of Insurance issued to each insured individual and the Master Policy as issued to the policyholder. Benefits are subject to state availability. In addition to this document, your Account Manager is ready to assist you Pl er,I 55A-30 ; ,1 THE HARTFORD Premium Summary Basic Life Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium Basic ADD 965 $45,221,000 Rates per $1,000 2 Years N/A $4,613 Rate(s) Current Rate Renewal 0.102 0.102 Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium 965 $45,221,000 Rates per $1,000 2 Years N/A $904 Rate(s) Current Rate Renewal 0.020 0.020 4 55A-31 Supplemental Life Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium Rate(s) Age Band < 25 25 - 29 30-34 35 - 39 40 - 44 45-49 50 - 54 55 - 59 60 - 64 65 - 69 70 - 74 75 + 283 $79,085,000 Rates per $1,000 2 Years Traditional $20.001 Current Rate Renewal 0.055 0.055 0.055 0.055 0.083 0.083 0.110 0.110 0.166 0.166 0.294 0.294 0.552 0.552 0.672 0.672 1.095 1.095 1.978 1.978 1.978 1.978 1.978 1.978 THE HARTFORD 55A-32 5 �P H"S CFORD Supplemental Dependent Life Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium TBD Rates per $1,000 See Below Traditional TBD Rate(s) Current Rate Renewal 2020 Renewal 2021 Child Rate 0.100 0.100 Age Band < 25 25 - 29 30 - 34 35 - 39 40 - 44 45 - 49 50 - 54 55 - 59 60 - 64 65 - 69 70 - 74 75 + Supplemental ADD Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium 0.10 0.10 0.055 0.10 0.10 0.055 0.10 0.10 0.083 0.10 0.10 0.110 0.10 0.10 0.166 0.10 0.10 0294 0.10 0.10 0.552 0.10 0.10 0.672 0.10 0.10 1.095 0.10 0.10 1.978 0.10 0.10 1.978 0.10 0.10 1.978 283 $79,085,000 Rates per $1,000 2 Years Traditional $2,373 Rate(s) Current Rate Renewal 0.030 0.030 6 A'` 55A-33 Life Option: Basic Life Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium Rate(s) CASA, SEIU, PTSC 965 $55,449,000 Rates per $1,000 2 Years N/A $5,656 0.102 City Manager CS, Council Members, All Others Executive Management Middle and Administrative Management Police Officers Association Basic ADD Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium Rate(s) Flat $50,000 Flat $500,000 Flat $20,000 3x BAE to $300,000 2x BAE to $30,0000 Flat $30,000 965 $55,449,000 Rates per $1,000 2 Years N/A $1,109 0.02 THE .4 HARTFORD Prer�`55A-34 , — LTD Premium Summary Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium Rate(s) Executives Core Buy Up 489 $1,388,417 Rates per $100 Covered Salary 2 Years Traditional $5,575 Current Rate 0.352 8.78 PEPM 15.93 PEPM Renewal 0.352 8.78 PEPM 15.93 PEPM ri THE HARTFORD a 55A-35 THE HARTFORD LTD Options: LTD Premium Summary Executive Management 66.67% to $10,000 City Manager 66.67% to $10,000 SAMA 66.67% to $10,000 CASA 66.67% to $7,500 PMA 66.67% to $7,500 Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium 106 $988,852 Rates per $100 Covered Salary 2 Years N/A $3,649 Rate 0.369 LTD Premium Summary SEIU: 50% to $5,000 60 day EP PTCS: 50% to $5,000 60 day EP Enrolled Lives Volume Rate Basis Rate Guarantee Proposed Enrollment Type Monthly Renewal Premium 383 $2,365,404 Rates per $100 Covered Salary 2 Years N/A $4,352 Rate 0.184 9 THE Yf. HARTFORD �cs 10 THE HARTFORD Aggregate Summary for All Lines Inforce Monthly Premium Renewal Premium Change Basic Employee Life $4,613 $4,613 0% Basic ADD $904 $904 0% Supplemental Employee Life $20,001 $20,001 0% Supplemental ADD $2,373 $2,373 0% Long Term Disability $5,575 $5,575 0% Total $33,466 $33,466 0% With this rate structure the employer may be electing to partially support employer paid coverages with the rate for the employee paid coverages. This means that premiums paid for one coverage may cover the cost of another coverage under the Plan. When we quote rates with such partial support between the employee paid and employer paid coverages we do so with the understanding that the employer and employee coverages are part of a single ERISA plan sponsored by the employer and that the employer has determined that the rate structure is consistent with information provided to employees and with its ERISA obligations. For those cases that are not governed by ERISA, we are quoting the rates with the understanding that the employer has determined the rate structure is consistent with the information provided to employees. If our understanding is not accurate, please contact us. r r R' 55A-38 ; ,' " THE I HARTFORD Definition of Underwriting Terms Claims Count A/E: In order to analyze the adequacy of the current rate structure, a subset of The Hartford's insured groups are reviewed that share similar demographic and industry characteristics with your company. The review establishes an expectation of claim incidence for your industry and demographic mix. The Claim Count A/E (Actual Claims versus Expected Claims) reflected in your experience is evaluated against The Hartford's expectations. Life Claim Count A/E: (Life Claims + (Premium Waiver Claims x 0.5 x Total Exposure Years - (Total Exposure Years — 0.5)) LTD Claim Count A/E: Total Claims Expected Number of Claims Formula Rate: The Formula Rate is a weighted blend of the Pure Manual Rate and the Manual rate adjusted for the Claim Count A/E. The two rates are blended together using a Credibility percentage. • Manual Rate is calculated based on your employees' demographic profile, plan design, industry and volume of coverage. • Credibility is the extent to which The Hartford believes prior results will predict future results. Credibility is calculated based on the number of lives covered and the number of years in the experience period. Formula Rate: (Manual Rate x Claim Count A/E x Credibility) + (Manual Rate x (1-Credibility)) Life Experience Analysis: In order to analyze the adequacy of the current rate structure, all Premiums received during the analysis period are adjusted to the current rate level, shown as "Constant Premium". The "Constant Premium" is then compared to Incurred Claims which is comprised of: Paid Claims, Premium Waiver Reserves, charges for Living Benefits Option and Portability, Statutory Interest, and Incurred but not Reported Reserves (reserves established for claims incurred during the time period that have not been reported). Experience Rate: The Experience Rate is calculated based upon prior Premium and Incurred Claims experience. The Permissible Loss Ratio is the percent of Premium The Hartford can allocate to Incurred Claims which allows us to recover expenses associated with administering your benefit program. These expenses contemplate claims activity, account structure complexity, and regularly - updated expense factors. Because expense components fluctuate from year to year, the Permissible Loss Ratio reported for each renewal will subsequently fluctuate. Experience Rate: (Incurred Loss Ratio / Permissible Loss Ratio) x (Current Rate) 12 -55A-39' ail. R THE HARTFORD LTD Experience Analysis: In order to analyze the adequacy of the current rate structure, all premiums received during the analysis period are adjusted to the current rate level, shown above as "Constant Premium". The "Constant Premium" is then compared to total Incurred Claims, which include Disabled Life Reserves and actual benefit payments. LTD Incurred Claims: The incurred claims reflect the actual claims paid to date plus a high confidence estimate of future claims that will be paid. That estimate is based on claimant -specific data (such as age, gender and cause of disability) and experience assumptions (such as interest rates, claim termination rates and social security approval rates). STD Experience Analysis: In order to more accurately project the cost of this program using historical results, the incurred claim amounts are compared to the premium generated by the current rate level , shown above as "Constant Premium". STD Incurred Claims: The Incurred claim amounts are inclusive of paid claims plus reserves that are established for claims that were incurred during the experience period, however paid in the subsequent period. STD Experience Rate: (Net Loss Ratio / Permissible Loss Ratio) x Current Rate The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries, including issuing companies Hartford Life Insurance Company and Hartford Life and Accident Insurance Company. Home Office is Hartford, CT. This proposal includes a quote(s) for one or more products, which are issued on the following forms: Accident Form Series includes GBD-2000, GBD-2300, or state equivalent. Accidental Death and Dismemberment Form Series for all states except PR, WA and CA includes GBD-1000 and GBD-1300, or state equivalent, and in PR, WA and CA Form 7582 and Form PA-5427, or state equivalent. Critical Illness Form Series includes GBD-2600, GBD-2700, or state equivalent. Disability Form Series includes GBD-1000, GBD- 1200, or state equivalent. Life Form Series includes GBD-1000, GBD-1100, Z-PORT, or state equivalent. Hospital Indemnity Form Series includes GBD-2800, GBD-2900, or state equivalent. �r tj� 13 Prepars J/`1i- Arevail. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: APPROVE THE BUDGET CALENDAR FOR FISCAL YEAR 2020-2021 {STRATEGIC PLAN NO. 4,11 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Approve the Budget Calendar for Fiscal Year 2020-2021. DISCUSSION Under the direction and leadership of the City Manager, a Budget Calendar ("Calendar") has been developed by the Finance & Management Services Agency. The Calendar serves as a guiding document providing for a successful and transparent budget process. Financial Updates and Budget Discussions On February 18, 2020, City staff expects to present a Mid -Year (2nd Quarter) Budget Review to the City Council. The Mid -Year Budget Review will provide a financial update on current General Fund revenues and expenditure trends, projected ending General Fund balance, and other funding highlights. The Review should help to prepare the City Council for the forthcoming Fiscal Year 2020-2021 budget process. Staff is prepared to schedule City Council budget workshops during April 2020. Discussion topics would include City Council priorities, fund balances, budget imbalances in various funds, future expectations, recommendations from the Measure X Citizens Oversight Committee, and the Capital Improvement Program (CIP). Staff will also provide a 3rd Quarter General Fund update, including revenue and expenditure trends and a ten-year General Fund outlook. Communication and Civic Engagement During the Budget Process Communication and civic engagement have been identified as imperative components of the budget process by the City Council and the community. As such, staff is planning up to five community budget meetings to be held during the months of March and April 2020. The objective of these meetings is to solicit input from the community and gather priorities to be shared with the City Council. Concurrently with Community meetings, the City Manager and budget staff will hold internal budget hearings with City departments. Departments will have the opportunity to propose and justify any organizational changes, budget requests, enhancements to existing programs, and proposed new programs. 65A-1 Budget Calendar for Fiscal Year 2020-2021 December 17, 2019 Page 2 During the months of May and June of 2020, staff will present multiple iterations of the Citywide Operating Budget and CIP. The initial presentation will be provided to the Economic Development Infrastructure Budget and Technology ("EDIBT") Council Committee, followed by a presentation to the City Council. Subsequently, the City Council will hold a public hearing (first reading) on June 2, 2020 with the final adoption (second reading) to occur on June 16, 2020. The Calendar commences on December 17, 2019 and concludes with the adoption of the Fiscal Year 2020-2021 Citywide Operating Budget and CIP scheduled for June 16, 2020. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment). FISCAL IMPACT There is no fiscal impact associated with this action. Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. Fiscal Year 2020-2021 Budget Calendar 65A-2 EXHIBIT 1 CITY OF SANTA ANA AT.= Fiscal Year 2020-2021 Budget Calendar Date Action Items December 17, 2019 Present FY 2020-2021 Budget Calendar for City Council approval Step 1 February 18, 2020 Presentation of Mid -Year Budget Review (2nd Quarter Update) Approval of Budget Calendar • • step 2 March/April 2020 Community Budget Meetings Budget Hearings with City : Departments and the March/April 2020 Budget Hearings with City Departments ; Community April 2020 City Council Budget Workshop Session + step 3 Preliminary • Preliminary FY 2019-2020 Budget Status (3rd Quarter Update) • FY 19-20 Budget Status • Ten -Year General Fund Financial Outlook • Preliminary Capital Improvement Program (CIP) step 4 • FY 2020-2021 Budget Discussion ; City Council Budget Workshop Session Presentation: May 11, 2020 EDIBT: City Manager's Proposed FY 2020-2021 General Fund step 5 Budget Proposed FY20-21 Budget/CIP EDIBT and May 19, 2020 City Council Work Study Session: city council City Manager's Proposed FY 2020-2021 General Fund Budget ; Work Study Sessions Includes CIP, Miscellaneous Fees, and Workforce Changes June 2, 2020 Tentative Citywide Operating Budget/CIP Ordinance and step 6 Miscellaneous Fees and Personnel Resolution. : Public Hearings Step 7 June 16, 2020 Final Citywide Operating Budget/CIP Ordinance Adoption : Second Reading and Adoption • • Step $ July 1, 2020 Start of the New Fiscal Year 2020-2021 Begin New Fiscal Year 65A-3 65A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE PUBLIC HEARING -VACATE AN I V BY 184' PORTION OF BRISTOL STREET AT 815 NORTH BRISTOL STREET (2,024 SQUARE FEET) -ABANDONMENT NO. 18-05 {STRATEGIC PLAN NO. 3,21 /s/Kristine Rida CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For ,K•�►nl►tr».ic•� I�Ir�►lrli!1:3ga Adopt a resolution vacating a portion of Bristol Street at 815 N Bristol Street. 2. In the event the resolution is adopted, authorize the City Manager to convey the City's fee interest in the excess right-of-way to In-N-Out Burgers, a California Corporation, in the amount of $2,500. DISCUSSION On November 19, 2019, the City Council adopted a resolution declaring the City's intent to vacate a portion of Bristol Street at 815 North Bristol Street (Exhibit 1). The portion of street right-of-way to be vacated is an 11' by 184' strip of land situated behind the existing easterly Bristol Street sidewalk, and is not being used for street purposes. The 2,024-square-foot space is currently improved with grass and concrete driveways for the In-N-Out restaurant. In addition, the proposed Bristol Street Improvement project adjacent to the site, which is scheduled to begin construction in late summer of 2020, will not require use of the area to be vacated. A portion of the subject street right-of-way (1,474 square feet) was conveyed to the City of Santa Ana as street easement through deeds in 1965 and 1974, and the remaining 550-square-foot portion was granted to the City in fees in 1975 at the time of the original In-N-Out restaurant construction. The value of the 550-square-foot fee ownership portion is determined to be nominal, considering the property's lack of independent development potential, as well as its limited or non- existent marketability. However, In-N-Out Burgers has agreed to compensate the City $2,500 for the fee interest. City staff is recommending adoption of the resolution to vacate this portion of Bristol Street (Exhibit 2) because the excess right-of-way offers no present or prospective use to the City. Utilities, other government agencies, and City agencies have been advised of the street vacation. There are no known utilities or utility easements in the subject vacation area. 75A-1 Public Hearing - Resolution to Vacate a Portion of Bristol Street at 815 North Bristol Street December 17, 2019 Page 2 BACKGROUND On November 21, 2017, the City Council approved a purchase and sale agreement with In-N-Out Burgers, a California Corporation, for the sale of vacant parcels located at 827, 829, and 907 North Bristol Street, which are directly north of the right of way to be vacated, for the appraised value of $905,000. These remnant parcels became available upon completion of the Bristol Improvements. The negotiation of the sale of the properties was contingent on a redesign of the restaurant's site plan and mitigating the drive-thru traffic spill -over issues. On May 28, 2019, the City's Planning Commission approved the project site plan, which includes tripling the drive-thru stacking capacity and meets the site vehicular demands. Through this transaction, the City has retained a valued business while also recovering grant funding, which was used to acquire these parcels for the Bristol Improvements. STRATEGIC PLAN ALIGNMENT This item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT Land sale proceeds in the amount of $2,500 will be received into the Select Street Construction Fund, Sale of Land Account (No. 05917002-57071). Fuad S. Sweiss, PE, Executive Director Public Works Agency W�yu&y51aTITcHrl:i APPROVED AS TO FUNDS AND ACCOUNTS: PLS Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Street Vacation Area Map 2. Resolution 75A-2 75A-3 Exhibit 2 jmf 11/4/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING ITS INTENTION TO VACATE A PORTION OF BRISTOL STREET AT 815 NORTH BRISTOL STREET, SETTING A PUBLIC HEARING THEREON, AND DIRECTING NOTICE THEREOF TO BE POSTED AND PUBLISHED (ABANDONMENT NO. 19-03) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In accordance with Chapter 3 of Part 3 of Division 9 of the Streets and Highways Code of the State of California, the City Council of the City of Santa Ana hereby declares its intention to vacate a portion of Bristol Street at 815 North Bristol Street. The area proposed for vacation is shown on the map attached as Exhibit 1. B. Notice is hereby given that on December 17, 2019, at 5:45 P.M. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing will be held by the City Council at which time any and all persons interested in or objecting to the proposed vacation described above may appear and be heard. Section 2. The Clerk of the Council is hereby directed to cause this Resolution to be published twice, once in each of the two successive weeks prior to the above -referenced hearing, in a newspaper of general circulation in the City. Section 3. The Executive Director of the Public Works Agency is hereby directed to post conspicuously, in the manner prescribed by law, notice of the adoption of this Resolution, containing the statement of the day, hour, and place of hearing set forth above, and describing the areas to be vacated at least two weeks before the day set for said hearing. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12019. Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 1 of 2 75A-4 jmf 11/4/19 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:. ohn M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on 12019. Date: Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 2 of 2 75A-5 75A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: PUBLIC HEARING ON ISSUANCE OF TAX- EXEMPT BONDS FOR THE BENEFIT OF LEGACY SQUARE APARTMENTS AND RESOLUTION APPROVING THE ISSUANCE OF BONDS ($40,000,000) {STRATEGIC PLAN NO. 5,3) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER APPLICANT REQUESTED ACTION 1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax exempt bond financing by the California Statewide Communities Development Authority on behalf of Legacy Square, L.P. (the 'Borrower"), for the benefit of Legacy Square Apartments (the "Project') to finance the acquisition, construction, and improvement of the Project, a 93-unit multifamily rental housing project located at 609 N. Spurgeon Street., Santa Ana, California. 2. Adopt a resolution approving the issuance of revenue bonds by the California Statewide Communities Development Authority in an amount not to exceed $40,000,000 for the purpose of financing the acquisition, construction, improvement and equipping of Legacy Square Apartments, a 93-unit multifamily rental housing project. DISCUSSION In order for an affordable housing project to secure 4-percent low-income housing tax credits, the California Debt Limit Allocation Committee requires that the project hold a Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing prior to the issuance of the bonds. On January 15, 2019, the City Council approved a pre -loan commitment of $3.1 million in affordable housing funds and eight (8) project -based vouchers to develop a 93-unit affordable housing project called Legacy Square. Since that time, the developer has been working to secure their financing to develop the project. Toward that end, the developer is now requesting that the City hold a TEFRA Hearing, which will allow the developer to secure 4-percent tax credits for their project that they applied for on November 17, 2019. Specifically, the Legacy Square project includes the acquisition, construction, improvement, and equipping of a 93-unit 100-percent affordable transit -oriented multigenerational apartment home community. The Project will be located at 609 N Spurgeon Street, currently home to the Santa Ana United Methodist Church. National CORE (the "Developer") has executed a development 75B-1 Legacy Square Apartments — TEFRA Hearing December 17, 2019 Page 2 agreement with the Church for a ground lease of the land. The concept includes fundamental site planning features to foster community cohesion and instill a sense of belonging and dignity that comes from a thoughtfully designed residential community with a true sense of place. The homes will contain a long-term covenant to ensure continued affordability. The ground floor includes community space designed to be flexible to meet the current and future needs of the area's residents. The vision for the development aims to activate the area through the planned resident and community -serving uses and vibrant community events. Included will be separate meeting spaces for supportive service providers to host resident support services, including regular indoor activities, a computer center, and an after -school program, as well as offices for property management and case management for special needs residents. This indoor service amenity space is designed to be flexible and welcome other area service providers and veteran -serving programs as needed by the residents. Exterior patios within the building's podium -level central courtyard will provide outdoor gathering places for barbeques, a tot lot/play structure, and community garden. The Project will have excellent educational, social and health services that will be designed specifically for and available to the larger community. Mercy House and Hope Through Housing Foundation, who will provide such services, have extensive and broad experience on a continuum of programs and services that provide the tools and resources which future residents need to stabilize, grow and rebuild their lives. National CORE has requested that the California Statewide Communities Development Authority ("CSCDA" or the "Authority") adopt a plan of financing providing for the issuance of one or more series of revenue bonds issued from time to time, in one or more series from time to time, in an aggregate principal amount not to exceed $40,000,000 (the "Bonds") for the acquisition, construction, improvement and equipping of a 93-unit multifamily rental housing project located at 609 N Spurgeon Street, Santa Ana, California, generally known as Legacy Square Apartments. However, in order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of Santa Ana must conduct a public Hearing (the "TEFRA Hearing") providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project, in this case the City, must provide its approval of the issuance of the Bonds by the Authority for the refinancing of the Project by adopting a resolution (Exhibit 1). The bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the bonds and does not constitute any type of indebtedness for the City. In addition, this TEFRA Hearing and the adoption of the resolution shall not obligate the City or any department thereof to: (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) (iv) take any further action with respect to the Authority or its membership therein. 75B-2 Legacy Square Apartments — TEFRA Hearing December 17, 2019 Page 3 In general, this action by the City of Santa Ana will not obligate the City or any department thereof to undertake any discretionary action related to the development of the project. California Statewide Communities Development Authority CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax- exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 530 members, including the City of Santa Ana. CSCDA has issued more than $63 billion through 1,600-plus financings since 1988 and consistently ranks in the top 10 of more than 3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount. Both the League and CSAC continue to sponsor CSCDA. Issuance fees are shared with both the League and CSAC, which have kept member dues unchanged and provide other benefits to all city and county members. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 5 - Community Health, Livability, Engagement & Sustainability, Objective # 3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The City received a payment of $865.03 in November 2019 to hold a TEFRA Hearing for this project, which was deposited into Account no. 01102002-53902. Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 75B-3 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE LEGACY SQUARE APARTMENTS WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement'), among certain local agencies throughout the State of California, including the City of Santa Ana (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Legacy Square, L.P. or a partnership of which National Community Renaissance of California (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $40,000,000 in outstanding aggregate principal amount (the 'Bonds"), to finance or refinance the acquisition, construction and development of a multifamily rental housing project located at 609 North Spurgeon Street, Santa Ana, California (the "Project'); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and 75B-4 WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement. Section 3. The issuance of the Bonds shall be subject to approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to repayment or administration of the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to: (i) provide any financing with respect to the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The City Manager and applicable Executive Directors of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 6. This resolution shall take effect immediately upon adoption. 2 75B-5 ADOPTED this _ day of 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Rya O. ge Assistant City Attorney NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 3 75B-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE: PUBLIC HEARING - AMEND SECTIONS 34-56, 34-126, AND 34-127 OF CHAPTER 34 (SUBDIVISIONS) OF THE SANTA ANA MUNICIPAL CODE TO ALLOW NOW RESIDENTIAL SMALL LOT SUBDIVISIONS AND TO STREAMLINE THE TENTATIVE MAP REVIEW PROCESS {STRATEGIC PLAN NO. 3,21 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 11' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt an ordinance amending Sections 34-56, 34-126, and 34-127 of Chapter 34 (Subdivisions) of the Santa Ana Municipal Code (SAMC). DISCUSSION The Planning Division has identified several outdated sections of the City's subdivision ordinance. In an effort to modernize and streamline the subdivision process, amendments to Sections 34-56, 34-126, and 34-127 of Chapter 34 (Subdivisions) of the SAMC are proposed. These amendments (Exhibit 1) will create a framework to allow non-residential small -lot subdivisions and will streamline the review process for tentative maps, thereby facilitating development and attainable land ownership and business investment opportunities in the City. Non -Residential Small -Lot Subdivisions Non-residential small -lot subdivisions, sometimes referred to as "postage stamp" subdivisions, are subdivisions of property that result in the creation of small fee -simple lots within a master industrial or commercial development site. The boundaries of the non-residential small -lot properties typically outline the footprint of a building and related open space areas within a master site, while the master site itself fronts one or more public or private streets, providing access to and within the development. Non-residential small -lot subdivisions offer an alternate form of property ownership within a non-residential subdivision, allowing building owners and businesses within a master site to own both a building and the underlying property, helping build equity and providing long-term ownership and investment opportunities. As with other master sites containing other forms of subdivisions, covenants, conditions, and restrictions (CC&Rs) ensure access to and within the master development site and ensure maintenance of the overall site, its utilities, access, parking, common areas, and other critical components, including, but not limited to, roles and responsibilities of the subdivision and the ownership association. 75C-1 Ordinance Amending Santa Ana Municipal Code Sections 34-56, 34-126, and 34-127 December 17, 2019 Page 2 On January 16, 2018, the City Council adopted Ordinance NS-2937, creating a framework for small -lot subdivisions in certain residential zoning districts. Amending Chapter 34 to allow non- residential small -lot subdivisions will create a similar, streamlined framework for non-residential properties while ensuring orderly site development and long-term maintenance through CC&Rs. Tentative Map Review Streamlining A tentative map is required for subdivisions of land to ensure that the subdivision complies with the State Subdivision Map Act (SMA) and City regulations. A final map is required once a technical review of the tentative map is complete and the map is ready for recordation. The SMA requires that tentative maps be reviewed and approved by the City within 50 calendar days from the acceptance of a complete application by the City. The current City review process requires that tentative parcel maps (four or less parcels) be reviewed and approved by the Zoning Administrator and all other tentative maps (five or more parcels) be reviewed and approved by the Planning Commission. After the approval of the tentative map by either the Zoning Administrator or the Planning Commission, a Receive and File action is required by the City Council. This process in most cases exceeds the 50-day SMA review timeframe. To comply with the SMA review timeframe and streamline the review process, staff is proposing the City Council act on final maps ready for final approval and recording. The recommended process will reduce the review and approval process for Tentative Maps to less than 50 days and will bring the local process to be consistent with the SMA and with the review process of other nearby cities. STRATEGIC PLAN ALIGNMENT Approval of this ordinance supports the City's effort to meet Goal #3 — Economic Development; Objective #2 (Create new opportunities for business/job growth and encourages private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency AP:la S:\RFCA\2019\12-17-19\OA 2018-4 Ch 34 Tentative Map Amendments\OA No. 2018-04.RFCA 12172019.doc Exhibit: 1. Ordinance 75C-2 LS 12.17.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTIONS 34-56 (POSTAGE STAMP SUBDIVISIONS), 34-126 (APPROVAL OF TENTATIVE PARCEL MAPS BY THE ZONING ADMINISTRATOR) AND 34-127 (APPROVAL OF OTHER TENTATIVE MAPS BY PLANNING COMMISSION) TO STREAMLINE THE REVIEW PROCESS FOR TENTATIVE MAPS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The Planning and Building Agency is requesting an amendment to Sections 34-56, 34-126, and 34-127 of Chapter 34 (Subdivisions) of the Santa Ana Municipal Code (SAMC) to streamline and expedite the review and approval process for tentative maps. B. On January 16, 2018, the City Council adopted Ordinance NS-2937, creating a framework for residential small -lot subdivisions within certain residential zoning districts. C. Property owners wishing to subdivide non-residential properties in Santa Ana are currently limited to fee -simple subdivisions wherein all lots must have street frontage, or condominium subdivisions for air -rights units. D. The existing review process for tentative maps requires a receive and file action by the City Council. This ordinance will remove this action and assign final approval responsibilities of tentative parcel maps to the Zoning Administrator and all other tentative maps to the Planning Commission. E. The State Subdivision Map Act, set forth in California Government Code Section 66410 et seq. allows certain amount of flexibility in enacting local subdivision ordinances and permits the City, by ordinance, to designate its own review body and process. F. The proposed amendments are consistent with the State Subdivision Map Act and will preserve the public health, safety and welfare of all residents and visitors of the City. G. The City Council, prior to taking action on this ordinance held a duly noticed public hearing on December 17, 2019. Ordinance No. NS-XXXX Page 1 of 5 75C-3 Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQK) and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b)(3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 4. Section 34-56 (Lot frontage) of the SAMC is hereby amended to read as follows: Sec. 34-56. — Lot frontage. Every lot must have frontage on a public or private street, except as provided in the subsections below. u When a master site lot containing a postage stamp lot subdivision is proposed, every such postage stamp lot therein shall have frontage on a public or private street or be provided direct access to a public or private street through a recorded map or by a recorded access easement, covenant, or other similar instrument. For the purposes of this subsection, "master site" and "postage stamp lot" shall mean the following: i. "Master Site" shall mean the land area of a commercial or industrial development project that includes multiple buildings and/or lots but functions as an integrated proiect. ii. "Postage Stamp Lot" shall mean lots where the owners of a property own the land but may not own the parking area and other common space. (b) When a master site lot containing a condominium subdivision is proposed, the master site lot shall have the minimum lot size and street frontage as prescribed by the zoning code. (c) When no subdivision is proposed at a master site, the master site's lot shall have the minimum lot size and street frontage as prescribed by the zoning code. Section 5. Section 34-126 (Approval of tentative parcel maps by the zoning administrator) of the SAMC is hereby amended to read as follows: Sec. 34-126. - Approval of tentative parcel maps by the Zoning Administrator. Ordinance No. NS-XXXX Page 2 of 5 75C-4 (a) Upon Within a period of not rnoFe than fourteen (14) days_ frorn the receipt of a copy of any tentative parcel map application and after Development Project Plan approval, as required pursuant to Division 3 of Article V of Chapter 41 of this Code, and in accordance with the time period mandated by the State Subdivision Map Act, as amended from time to time, each city officer or department to which such copy shall have been transmitted shall file with the Zoning Administrator his er its approval or disapproval of such tentative parcel map or a report showing what changes are necessary or desirable to make such tentative parcel map conform to the requirements of this Chapter coming within the jurisdiction of such officer or department. Failure to file the report shall indicate approval of the map by such officer or department. (b) At a duly noticed public hearing, the Zoning Administrator shall review the recommendations of said departments and officers and, if satisfied that the design of the subdivision conforms to the requirements of this chapter, shall approve the map within thirty (30) days after the filing Of GUnh rna the time period mandated by the State Subdivision Map Act, as amended from time to time, unless such time is extended by agreement with the subdivider. If the Zoning Administrator finds that the map does not conform, or if substantive objections or recommendations for changes have been made in the reports from city officers or departments, the Zoning Administrator shall disapprove or conditionally approve the map. The Zoning Administrator shall thereupon notify the subdivider of his or her decision in writing. (c) If no appeal to the Planning Commission is filed by the subdivider as provided for in Section 34-129, the Zoning Administrator's decision shall be the tentative parGel statement of his or her deGiSiOR W the Gity GGURGil. Section 6. Section 34-127 (Approval of other tentative maps by planning commission) of the SAMC is hereby amended to read as follows: Sec. 34-127. - Approval of other tentative maps by Planning Commission. (a) Upon With'n a pepied of net mere than fe mean (14) days Frew, the receipt of a copy of any tentative map application and after Development Project Plan approval, as required pursuant to Division 3 of Article V of Chapter 41 of this Code, and in accordance with the time period mandated by the State Subdivision Map Act, as amended from time to time, except a tentative parcel map, each city officer or department to which such copy shall have been transmitted shall file with the Planning Commission his or its approval or disapproval of such tentative map or a report showing what changes are necessary or desirable to make such tentative map conform to the requirements of this Chapter coming within the jurisdiction of such Ordinance No. NS-XXXX Page 3 of 5 75C-5 officer or department. Failure to file the report shall indicate approval of the map by such officer or department. (b) At a duly noticed public hearing, the Planning Commission shall review the recommendations of said departments and officers and, if satisfied that the design of the subdivision conforms to the requirements of this chapter, shall approve the map within th•Fty (30days afteF the filing Of G Gh the time period mandated by the State Subdivision Map Act, unless such time is extended by agreement with the subdivider. If the Planning Commission finds that the map does not conform, or if substantive objections or recommendations for changes have been made in the reports from city officers or departments, the Planning Commission shall disapprove or conditionally approve the map. The Planning Commission shall thereupon notify the subdivider of its decision in writing. (c) If no appeal to the City Council is filed by the subdivider as provided in Section 34-132, tThe Planning Commission's decision shall be final. shal�, within thiFty (30) days of the filing of the tentative map by the subdWer-, transmit a GOPY of the map, the aGGornpanying data, reports and Section 7. If any section, subsection, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or portions be declared invalid or unconstitutional. Section 8. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. ADOPTED this day of December, 2019 Miguel A. Pulido Mayor Ordinance No. NS-XXXX 75C-6 Page 4 of 5 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By:"�/' Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75C-7 Ordinance No. NS-XXXX Page 5 of 5 75C-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE PUBLIC HEARING — ZONING ORDINANCE AMENDMENT NO. 2019-01 TO AMEND CHAPTER 41 (ZONING) TO ADD A DEFINITION FOR "SCHOOLS" AND TO ALLOW SCHOOLS AS A PERMITTED USE IN THE SPECIFIC DEVELOPMENT NO. 82 ZONING DISTRICT AT 2601- 2617 WEST FIFTH STREET {STRATEGIC PLAN NOS. 3,21 /s/Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance approving Zoning Ordinance Amendment No. 2019-01. CITY COUNCIL ACTION At its regular meeting on May 7, 2019, and after receiving public testimony on the item, the City Council voted 3:3 on Zoning Ordinance Amendment No. 2019-01. The tie vote resulted in a non - action by the City Council. PLANNING COMMISSION ACTION At its regular meeting on February 11, 2019, and after receiving public testimony on the item, the Planning Commission recommended that the City Council approve Zoning Ordinance Amendment No. 2019-01 by a vote of 5:0 (Alderete and Verino absent). The Planning Commission added language to the Specific Development No. 82 zoning document (SD-82) to require the submittal and approval of a traffic plan and a safety plan prior to issuance of any building permits for a school use (Exhibit 2). The Commission also encouraged the Vista Heritage Charter School to work with the adjacent owners in an effort to establish a permit parking program for the site. DISCUSSION Red Hook Capital Partners III, LLC, representing Vista Heritage Charter Schools, submitted an application to amend the Permitted Uses and Operational Standards sections of the Specific Development No. 82 (SD-82) zoning district to specify "schools" as a permitted use and to add operational standards for a school use. In conjunction with the request, staff is proposing an amendment to Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) to add a "school' definition (Exhibit 1). If approved, Vista Heritage Charter School intends to expand their 6-8th grade 75D-1 ZOA No. 2019-01, 2601-2617 West Fifth Street December 17, 2019 Page 2 operation located at 2609 West Fifth Street to include Kindergarten through 5th grades within the spaces located at 2601 through 2617 West Fifth Street. School Expansion The existing Vista Heritage campus is approximately 18,368 square feet in size and will increase to 66,000 square feet at full build -out. The additional square footage will accommodate 38 classrooms, a multi -purpose room, two cafeterias, office areas, and conference rooms. The enlarged campus will be able to accommodate 870 total students, including 420 elementary age students and 450 middle school students. The increase in grades and students is expected to occur gradually, with the buildup anticipated to take up to five years to reach maximum capacity. The school will operate Monday through Friday from 7 a.m. to 6 p.m. The school currently operates from 8 a.m. to 3 p.m. but will shift their starting hours to between 7:30 a.m. to 8:15 a.m. to facilitate the drop-off function. School will end between 3 p.m. and 3:15 p.m., with about a third of the students expected to leave the campus at this time. The remaining students will remain for after - school care and will exit the site between 3:15 p.m. and 6 p.m. Building and Site Improvements Improvements will be primarily limited to interior tenant improvements to modify the building to accommodate school occupancy. Also part of the tenant improvements is the construction of a new elevator to comply with ADA requirements. The recreation area component for the school, currently located at the rear of the building, will be moved inside to minimize potential conflicts and/or impacts to the students and adjacent businesses. In response to feedback received during community outreach meetings, the school elected to avoid conflicts with adjacent businesses by locating their recreational facilities within the building. As a result, a 9,600 square -foot multi- purpose room will accommodate basketball, soccer and other activities normally found at elementary and middle school sites. Minor exterior improvements will also be made to the building and site. These include a new disabled path of travel and parking lot repairs and restriping. Finally, the exterior of the building will incorporate a new paint scheme and signage. Parking A total of 67 parking spaces (1.5 spaces per classroom plus 3/1,000 square feet of office area) are required for the school, while 144 are provided. Currently, the parking demand for the school is 20 spaces, which accommodates the number of teachers and staff on the premises. At full build -out, approximately 62 staff and teachers will be working on the premises. The current integrated development site has a set of conditions, covenants and restrictions (CC&Rs) that cover the three parcels and seven buildings that make up the development site. The initial CC&Rs included standard language covering reciprocal access and egress and permitted shared parking between all parcels. A second amendment to the CC&Rs, recorded in 2016 and rerecorded in 2018, removes the reciprocal parking agreement for the development. As a result, the Templo Calvario/Vista Heritage buildings are limited to parking in the spaces on their site, with the adjacent uses having no access to their parking spaces. Planning Commission Comments At the Planning Commission meeting, the Commission expressed a concern with the circulation pattern of school shuttles and vehicles utiliZ g tthhe pick-up and drop-off functions as well as for ZOA No. 2019-01, 2601-2617 West Fifth Street December 17, 2019 Page 3 the safety of students. In response to these concerns, staff added language to the SD-82 document requiring a Traffic Plan and a Safety Plan prior to issuance of building permits. The Commission also asked staff to work with the various property owners to assist with the establishment of a permit parking program for the properties. Full size plans are available with the Clerk of the Council. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (Create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Minh Thai Executive Director Planning and Building Agency VF:la S:RFCA\2019\12-17-19\ZOA 2019-01 Vista Heritage Exhibits: 1. City Council Ordinance 2. Planning Commission Staff Report 75D-3 *V14NI-3YfiI LS 12.17.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council, by Ordinance No. NS-2777, adopted October 20, 2008, rezoned property located at, and adjacent to, 2501 West Fifth Street, more specifically described in said ordinance, to Specific Development Plan No. 82 (SD-82) for such property. B. It is now desired to allow schools as a permitted use within the SD-82 zoning district, define "schools", and adopt operational standards for schools to minimize any impacts resulting from their presence in the SD-82 district. C. On February 11, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-01. D. The City Council, on May 7, 2019, held a duly noticed public hearing on this ordinance and considered all testimony presented thereto. At the conclusion of the hearing, the Council voted 3:3 on the zoning ordinance amendment, resulting in non -action by the Council. E. On December 17, 2019, the City Council held a duly noticed public hearing on this ordinance and considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: 1 75D-4 Sec. 41-150.5. — Re -sewed Schools. A school means any public, charter, or private educational facility for elementary, middle, junior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military academies but does not include preschools and child day care uses as defined in Section 41-42.5. Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted The following uses are permitted in the SD-82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi -finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. z 75D-5 (e) Wholesale establishments where the primary trade is business -to - business sale of products, supplies and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractors yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. N Lumberyard, including mill and sash work if conducted entirely within an enclosed building. Rl 75D-6 (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Schools 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. 0 75D-7 (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive -through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. (j) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (1) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini -warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses. s 75D-8 Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on - site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (d) Lighting Standards/fixtures: A minimum of one -foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 4. School Operational Standards a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building), student drop-off and pick-up areas (limited to rear of building), and the driveways to be used for these functions. b) A Safety Plan shall be submitted for review and approval. At a minimum, the Plan hall include provisions for student safety to the campus. durina school ooeratina hours. and safetv exitina the campus. 6 75D-9 c) Physical education activities shall be limited to indoors only. No activities shall be conducted outside the building. A minimum of 10 square feet of physical activity area per student shall be provided. d) Student enrollment for the school shall be capped at_a maximum of 960 students. e) A parking management plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The plan shall include provisions for parking during special events at the school. f) The school shall submit an Annual Special Events Program to Planning Staff and the local association at least 15 days prior to the start of the school year. The program shall include provisions for notification of neighbors within SD-82, vehicle circulation and parking durinq special events at the school. g) Schools are subject to periodic review by the Planning Division to ensure compliance with the Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission forfurther action. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of _, 2019. Miguel A. Pulido Mayor 75D-10 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY: GI 4 6 -ti- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75D-11 ;Cy/:I1:1Y1V REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 11, 2019 TITLE: PUBLIC HEARING — FILED BY RED HOOK CAPITAL PARTNERS III, LLC FOR ZONING ORDINANCE AMENDMENT NO.2019-01 TO ALLOW SCHOOLS AS A PERMITTED USE IN THE SPECIFIC DEVELOPMENT NO. 82 ZONING DISTRICT AT 2601- 2617 WEST FIFTH STREET (STRATEGIC PLAN NOS. 3, 2; 3, 5; 5, 3) Prepared by Vince F Q, Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Planning Manager RECOMMENDED ACTION It is recommended that the Planning Commission recommends to the City Council adoption of an ordinance approving Zoning Ordinance Amendment No. 2019-01. Executive Summary Hector Pineda from Red Hook Capital Partners III, LLC, representing Vista Heritage Charter Schools, is requesting approval of a zoning ordinance amendment to amend the permitted uses and Operational Standards sections of the Specific Development No. 82 (SD-82) zoning district to specify "schools" as a permitted use in conjunction with operational standards. The purpose of the Zoning Ordinance Amendment (ZOA) request is to permit the expansion of an existing school at 2601-2617 West Fifth Street. Based on the analysis of the proposal, staff is recommending approval of the request to allow the proposed development project. Table 1: Project and Location Information Item Information Project Addresses 2501-2617 West Fifth Street Nearest Intersection Fifth Street and Fairview Street General Plan Designation Industrial (IND) Zoning Designation Specific Development No. 82 (SD-82/Templo Calvario) Surrounding Land Uses (Exhibit 2) North P.E. ROW, Industrial and Single -Family Residential East Industrial South Industrial West Industrial and Spurgeon Intermediate School Property Size The site is an integrated development site that consist of three separate parcels and approximately 7.8-acres 7501-12 ZOA No. 2019-01 February 11, 2019 Page 2 Item Information Existing Site Development Seven separate one and two-story buildings of approximately 195,000 square feet of floor area with 303 parking spaces. Existing Uses Auto related uses (auto repair and tire facilities) are located on the north side of the site; Templo Calvario Church and administrative offices are at the eastern end of the site; and, small light industrial uses are found at the west end of the site. Use Permissions Amendment to allow a school as a permitted use in SD-82 and subject to operational standards. Zoning Code Sections Affected Uses SD-82 Operational SD-82 Standards Project Description Vista Heritage Charter School is proposing to expand their current 6-8w grade operation to include Kindergarten through 51' grades. To accomplish this, Vista Heritage is proposing to expand upon their 18,368 square foot facility by leasing an additional 48,000 square feet of floor area adjacent to their existing campus. The additional square footage will include space for 27 classrooms, multi- purpose rooms, a cafeteria and restrooms. If approved, Vista Heritage will encompass approximately 66,000 square feet of area for 38 classrooms, a multi -purpose room, two cafeterias, office areas and conference rooms. The enlarged campus will be able to accommodate 870 total students, including 420 elementary age students and 450 middle school students. The increase in grades and students is expected to occur gradually, with the buildup anticipated to take up to five years to reach maximum capacity. Currently, Vista Heritage operates within a two-story, 18,368 square foot space. The school has 11 classrooms, office areas, a cafeteria, a teachers lounge and restrooms. A total of 270 students currently attend the school, although the school is licensed for up to 420 students. The school will operate Monday through Friday from 7 a.m. to 6 p.m. The school currently operates from 8 a.m. to 3 p.m. but will shift their starting hours to between 7:30 a.m. to 8:15 a.m. to facilitate the drop-off function. School will end between 3 p.m. and 3:15 p.m., with about a third of the students expected to leave the campus. The remaining students will remain for after school care and will exit the site between 3:15 p.m. and 6 p.m. Improvements will be primarily limited to interior tenant improvements to modify the building to accommodate school occupancy. Currently, Vista Heritage occupies the central bay of a three -bay industrial building at 2609 West Fifth Street (identified as Bay 2 on the plans). At ultimate buildout, this space will contain 11 classrooms, conference space and a cafeteria on the first floor and staff areas on the second floor. The space at 2617 West Fifth Street (Bay 1), which consists of 16,077 square feet of first floor area, will have a multi -purpose room, a conference room and one classroom. Finally, 2601 West Fifth Street (Bay 3) will contain 11 classrooms and a cafeteria on the first floor and 15 classrooms on the second floor area. An elevator will also be provided within this bay to comply with ADA requirements. Minor exterior improvements will also be made to the building and site. These include a new disabled path of travel, parking lot repairs and restriping, 75D-13 ZOA No. 2019-01 February 11, 2019 Page 3 and a to be determined fair share contribution toward a traffic signal on Fifth Street. The exterior of the school will incorporate a new paint scheme and signage. A total of 67 parking spaces (1.5 spaces per classroom plus 3/1,000 square feet of office area) are required for the school, while 144 are provided. Currently, the parking demand for the school is 20 spaces, which accommodates the number of teachers and staff on the premises. At full buildout, approximately 62 staff and teachers will be working on the premises, which is less than the 67 required by the Zoning Code. The current integrated development site has a set of conditions, covenants and restrictions (CC&R's) that cover the three parcels and seven buildings that make up the development site. The initial CC&R's included standard language covering reciprocal access, egress and parking between all parcels. A second amendment to the CC&R's, recorded in 2016 and rerecorded in 2018, removes the reciprocal parking agreement for the development. As a result, the Templo Calvario/Vista Heritage buildings are limited to the 144 parking spaces on their site, with the adjacent uses having no access to their parking spaces. The recreation area component for the school, which currently is located at the rear of the building, will be moved to the inside of the building to minimize impacts to the students and adjacent businesses. Outdoor recreation area is not required for a charter school; however, in response to feedback received during community outreach meetings, the school elected to avoid conflicts with adjacent tenants and provide their recreational area within the building. A 9,600 square foot multi- purpose room is proposed to accommodate basketball, soccer and other activities normally found at elementary and middle school sites. As proposed, the site will comply with the development standards found in the SD-82 zoning document, with the exception of landscaping. Prior to issuance of a certificate of occupancy for the school, all landscaping will need to be provided per the SD-82 document. In addition, staff is incorporating several operational standards that are intended to minimize conflicts between the school and adjacent uses. Table 2 on the following page provides a detailed analysis of the projects compliance with the applicable development standards. Table 2: Development Standards Standard Required by SAMC Provided Permitted Uses Churches, child care and Proposed code amendment would trade schools allowed with a allow schools as a permitted use conditional use permit. subject to compliance with operational standards. Walls and Screening Roof equipment shall be New roof mounted mechanical screened equipment shall comply with Code Landscaping 10 foot landscape area is Does not comply. Landscaping to be required along north property installed. line Trash Enclosures Design to match building Will comply Lighting Minimum of one foot-candle I Will comply 75D-14 ZOA No. 2019-01 February 11, 2019 Page 4 Standard Required by SAMC Provided throughout parking area Parking 67 spaces for classroom and office uses 144. Exceeds and complies Project Backaround 2008, the City Council approved several entitlements for the business park located at the northeast corner of Fifth and Fairview Streets. One of the entitlements, Amendment Application No. 2008-06, was approved to change the zoning of the subject site from Light Industrial (M-1) to Specific Development No. 82 (SD-82). The request was initiated by the Templo Calvario Assembly of God Church, which was proposing to expand their worship facilities by constructing a larger sanctuary at 2501 West Fifth Street. The Templo Calvario Assembly of God Church has had a presence in Santa Ana since 1926 and operated in various locations throughout the City until July 1985, when it relocated to its current location. A school use has been at 2609 West Fifth Street since the 1990's when Templo Calvario operated a preschool through Kindergarten school on the premises. In 2003, the site was home to the Edward B. Cole Senior Academy until it moved to a different Santa Ana location in 2010. From 2011 until 2015, Templo Calvario again operated a school at this location. In 2015, Vista Heritage began operating at the site and, with the zoning ordinance amendment, is seeking to expand their operations into two adjacent suites. As a school use has legally occupied the premises for approximately 25 years, it is considered to be a legal nonconforming use. Therefore, the intent of the ZOA is to make the school use conforming and allow the proposed expansion of the facility. Project Analysis Red Hook Capital Partners III, LLC, on behalf of Vista Heritage Charter School, is requesting approval of a zoning ordinance amendment to allow the Vista Heritage Charter School to expand into two adjacent suites. Specifically, Vista Heritage is proposing to expand their existing 6tn-8th grade school into a Kindergarten-8th grade campus. The following sections of this report provides analysis for the proposed action item and the basis for staffs recommendation of approval for the project. Zoning Ordinance Amendment The subject parcel is located within the Specific Development No. 82 (SD-82) zoning district. This unique zoning designation allows a specific set of uses such as industrial, manufacturing, wholesale, limited commercial and church uses. This designation also allows certain industrial uses and churches as a conditionally permitted uses. This zoning designation was originally adopted in October 2008 at the request of Templo Calvario. The purpose and intent of an SD designation is to address unique circumstances that are applicable to parcels but are not permitted by the Zoning Code. An example is the adoption of 75D-15 ZOA No. 2019-01 February 11, 2019 Page 5 an SD to allow a mixed -use development that is not permitted by the City's existing residential or commercial zoning districts. For this specific proposal, the applicant is proposing to amend the SD-82 document to allow schools. In response to this application, staff is proposing that SD-82 be revised per Table 3 on the following page: Table 3: Permitted Uses and Operational Standards for SD-82 REQUIREMENT ISSUE AND PROPOSED AMENDMENT PERMITTED USE: Issue: Currently, schools, affiliated with churches, are permitted in SD-82 as an Allow Schools as a ancillary use as an ancillary use to a church. Schools not affiliated with a Permitted Use in SD-82 church are not specified as a permitted use. Proposed Amendment: As proposed, schools will be allowed by -right, no CUP is required, but schools must comply with specific development and operational standards. STANDARDS: Issue: School traffic may conflict with local traffic patterns and adjacent uses. In Circulation and Parking primarily industrial districts, like SD-82, the impacts could be particularly Management Plan severe. Proposed Amendment: The school shall prepare a Circulation and Parking Management Plan subject to review and approval by the Planning Manager or her designee. The Plan shall address parking, onsite circulation and drop off and pick up. The Plan shall identify how the school shuttles (currently 3 daily) will pick-up and drop- off students within the front parking lot. The Plan shall also identify how the shuttles will operate at maximum capacity (approximately 10 shuttles). The Plan shall be designed to accommodate the projected school population and to ensure that there is no vehicle queuing off -site or conflicts with the adjacent industrial buildings to the north and west of the site. A traffic analysis may be required to demonstrate compliance. Annual Special Events Issue: Program. Schools typically hold a number of special events in the evening throughout the year. These events may create short-term, localized parking or noise impacts that could affect neighboring businesses. These impacts can be mitigated if the neighbors are informed prior to the event. Proposed Amendment: The school shall submit an Annual Special Events Program to Planning Staff and the local association at least 15 days prior to the start of school. The program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. 75D-16 ZOA No. 2019-01 February 11, 2019 Page 6 REQUIREMENT ISSUE AND PROPOSED AMENDMENT Physical Education Issue: Activity Area Standards Noise resulting from physical education or after -school sports activities can impact adjacent residents or tenants. Proposed Amendment: Physical education activity areas shall be designed so that their use does not disturb the commercial or industrial uses during regular business hours and residential uses between the hours of 8 p.m. and 7 a.m. As proposed, the physical education activities will be relocated to the inside of the building. Maximum Student Issue: Enrollment Number of students can dictate the level of impact on adjacent uses. More students mean more cars or buses picking up or dropping off students, more children on the playground and more noise Proposed Amendment: Student enrollment for the school shall not exceed the California State Public School maximum class size per teacher. In addition, no elementary school or middle school shall have a student population of more than 1,000 students. High schools are not permitted on the premises Industrial Use Issue: Preservation Santa Ana is one of the few Orange County communities to still contain substantial industrial properties. The City's General Plan includes policies that encourage land use decisions that support the preservation of existing industrial uses. Although a single school will not destroy an industrial district, a number of schools concentrated in an industrial area could reduce the viability of the area for industrial and manufacturing uses. Proposed Amendment: Only one public school shall be permitted on the site. Table 4: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment and Public Notificadon & Community Outreach CEQA CEQA Type Exempt per Section 15061 b 3 Reason(s) In accordance with the California Environmental Quality Act (CEQA) the Exempt or Analysis recommended action is exempt from CEQA per Section 15061(b) (3). This exemption applies to projects covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore, the activity is not subject to CEQA. Strategic Plan Alignment Goal(s) and Approval of this item supports the Ctys efforts to meet Goal No. 3 - Economic Policy(s Development, Objective No. 2 create new opportunities for business/job growth 75D-17 ZOA No. 2019-01 February 11, 2019 Page 7 CEQA, Strategic Plan Alignment and Public Notification & Community Outreach and encourage private development through new General Plan and Zoning Ordinance policies) and Goal No. 5 - Community Health, Livability, Engagement & Sustainability, Objective No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Public Notification & Community Outreach Required Measures On March 21, 2018, the applicant held a community meeting in accordance with the provisions of the City's Sunshine Ordinance at the Vista Heritage Charter School Cafeteria. A total of 13 members of the community attended, with issues such as parking, traffic, the drop-off and pick-up functions and project timing were raised. Planning Division staff also attended the meeting. The applicant provided a draft notice, affidavit, copy of publication, and meeting notes to Planning Division staff in the days following the meeting. A public notice was posted on the project site on February 1, 2019. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on February 1, 2019. Newspaper posting was published in the Orange County Reporter on February 1, 2019. Additional The project site is located within the boundaries of the Artesia Pilar Measures Neighborhood Association. Staff has notified the association President of the project by mail a minimum of 10 days prior to the public hearing to ensure they were notified of the meeting and to identify if there were any areas of concern. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and occupants within 500 feet of the project site. At the time of this printing,_ no correspondence, either written or electronic, had been received from any members of the public. Fiscal Analysis The project is anticipated to create a positive short term impact through the creation of construction employment for the needed tenant improvements. Minimal long term impacts are expected from the increase in employee at the facility purchasing goods from adjacent commercial and restaurant establishments. There will be no impact to the property tax values since both the property owner (Templo Calvario) and the school have property tax exemptions. Conclusion Based on the analysis provided in this report, staff recommends that the Planning Commission recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2019-01. 75D-18 ZOA No. 2019-01 February 11, 2019 Page 8 Vince Fregoso, pCP Principal Plann r VF:sb vAraportsiZOA19-01 Vista Hen[age 021119.pc Exhibits 1. Proposed Ordinance 2. Vicinity Map 75D-19 LS 2.11.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 82 (SD-82) ZONING DISTRICT TO ALLOW SCHOOLS AS A PERMITTED USE, AMEND THE SANTA ANA MUNICIPAL CODE TO ADD A DEFINITION OF SCHOOLS AND TO ADOPT A SET OF OPERATIONAL STANDARDS FOR SCHOOLS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City Council, by Ordinance No. NS-2777, adopted October 20, 2008, rezoned property located at, and adjacent to, 2501 West Fifth Street, more specifically described in said ordinance, to Specific Development Plan No. 82 (SD-82) for such property. B. It is now desired to allow schools as a permitted use within the SD-82 zoning district, define "schools", and adopt operational standards for schools to minimize any impacts resulting from their presence in the SD-82 district. C. On February 11, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-01. D. The City Council, on March 5, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. Section 2. The proposed ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b) (3)] and a Notice of Exemption will be filed upon adoption of this ordinance. Section 3. Section 41-150 (Reserved) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-150.5. — ResFived Schools. A school means any public, charter, or private educational facility for elementary middle, iunior high, and high school, serving kindergarten through twelfth grade students, including denominational and sectarian, boarding schools, and military 1 75D-20 academies, but does not include preschools and child day care uses as defined in Section 41-42.5. Section 4. The Specific Development No. 82 (SD-82) zoning document is hereby amended to read as follows: TEMPLO CALVARIO ASSEMBLY OF GOD Specific Development Plan No. 82 Section 1. Applicability of Ordinance The specific development zoning district for the Templo Calvario Assembly of God Church, as authorized by Chapter 41, Division 26, Sec. 41-593 et seq. of the Santa Ana Municipal Code (SAMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles and sections of the SAMC shall apply unless expressly stated or superseded by this ordinance. Section 2. Purpose The Specific Development Plan No. 82 (SD-82) for Templo Calvario consist of standards and regulations established for the express purpose of protecting the health, safety and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of properties and encouraging orderly development of the property. Section 3. Uses Permitted 1. The following uses are permitted in the SD-82 District: (a) The compounding, processing, or treatment of raw or previously used materials into a finished or semi -finished product, excluding those specified in SAMC section 41-489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5. (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5. (e) Wholesale establishments where the primary trade is business -to - business sale of products, supplies and equipment. 2 75D-21 (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. (j) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feet of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. (o) Movie, photography, musical or video production studios. (p) Bulk products sales [twenty-five (25) cubic feet or greater] when such products are the primary sales activity. (q) Public utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, including body and fender repair, painting, and engine replacement. (v) Home improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work if conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45,000) gross square feet and in compliance with section 41-1253 of this Code including: (1) Small collection facilities. 97 75D-22 (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Schools 2. The following uses are permitted when ancillary to any use permitted by section 3-1 or to any use permitted subject to a conditional use permit: (a) Administrative office use occupying up to thirty (30) percent of the gross floor area. (b) Product sales or service uses occupying up to five (5) percent of the gross floor area. (c) Child care facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (d) The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when properly screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. (e) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent. 3. The following uses may be permitted in the SD-82 district subject to the issuance of a conditional use permit: (a) Principal industrial uses if occupying less than seventy (70) percent of the gross floor area with the remainder of the floor area allocated to office use only. (b) Storage of new or used buildings or houses. (c) Child care facilities other than as permitted by section 41-472.1. (d) Trade schools which provide instruction which requires the operation of heavy equipment or machinery normally associated with manufacturing operations such as woodworking or machine shops. (e) Kennels for the temporary care and lodging of dogs and other domesticated household animals. 4 75D-23 (f) Eating establishments permitted in section 41-472 which operate between 12:00 and 5:00 a.m. and which are within one hundred fifty (150) feet of a residential use. (g) Eating establishments with drive -through window service. (h) Petroleum and gas storage. (i) Freight, bus and truck terminal. Q) Industrial medical clinics which offer medical services by referral only and do not offer overnight stays. (k) Administrative office use ancillary to a permitted industrial use occupying more than thirty (30) percent of the gross floor area. (1) Heavy processing recycling uses. (m) Car wash facility. (n) Banquet facilities as an ancillary use to a restaurant or eating establishment, subject to development and operational standards set forth in section 41-199.1. (o) Commercial storage not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway or within one thousand (1,000) feet of a freeway intersection. (p) Mini -warehouse uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (q) Recreational vehicle, vehicle and/or boat storage yard; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (r) Data center uses; provided that no conditional use permit shall be granted unless a written finding is made that the parcel on which the use is proposed is: not within five hundred (500) feet of an arterial street (as defined in the city's circulation element) or freeway, or within one thousand (1,000) feet of a freeway intersection. (s) Churches and ancillary church uses Section 4. Development Standards 1. Walls and Screening. Any equipment, whether on the roof, side of building or ground, shall be screened. The method of screening shall be s 75D-24 architecturally integrated with the building in terms of materials, color, shape and size. 2. Landscaping Standards. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements on - site. A six-inch raised concrete curb shall be required around all landscape planters unless approved by City Landscape Associate. (a) A landscaped area not less than 10 feet wide shall be maintained on the north (OCTA right-of-way) parking lot on Fairview Street. (b) All new landscaped planters and landscaped areas shall meet the commercial landscape planter standards. (c) Vine pockets shall be provided along the north (OCTA right-of-way) block wall every 15 feet. 3. Architectural and Design Features. (a) Exterior Materials: Changes to the exterior materials and finishes shall be submitted to the Planning Division for review and approval. The materials and finishes shall be consistent with those found on the site. (b) Trash Enclosures: Trash enclosures and similar ancillary structures are to match the texture, materials and color palette of the proposed buildings. (d) Lighting Standards/fixtures: A minimum of one -foot candle of light shall be provided throughout the parking area. Specifications of light standards/fixtures and photometrics plan shall be submitted to the Planning Division for approval. 4. School Operational Standards a) A Traffic Plan shall be submitted for review and approval. The Plan shall include specifics on school bus drop-off and pick-up areas (limited to front of building), student drop-off and pick-up areas (limited to rear of building), and the driveways to be used for these functions. b) A Safety Plan shall be submitted for review and approval. At a minimum, the Plan hall include provisions for student safety to the campus, during school operating hours and safety exiting the campus. c) Physical education activities shall be limited to indoors only. No activities shall be conducted outside the building. A minimum of 10 square feet of physical activity area per student shall be provided. 75D-25 d) Student enrollment for the school shall be capped at a maximum of 960 students. e) A parking management plan shall be submitted to the Planning Division prior to the start of each school year. The plan shall be submitted to Planning Staff and the community association at least 15 days prior to the start of school. The plan shall include provisions for parking during special events at the school. f) The school shall submit an Annual Special Events Program to Planning Staff and the local association at least 15 days prior to the start of the school year. The program shall include provisions for notification of neighbors within SD-82, vehicle circulation, and parking during special events at the school. g) Schools are subject to periodic review by the Planning Division to ensure compliance with the Operational Standards. Failure to comply with the Operational Standards may result in a review by the Planning Commission for further action. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of 12019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75D-26 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NORMA MITRE, Acting Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Acting Clerk of the Council City of Santa Ana 75D-27 Zoning Ordinance Amendment No. 2019-01 2501-2609 West Fifth Street M1 Uale: 1 l�:' U 1b R2 s r R2 O M1 SD82 M1 M1 R1 R2 R2 R2 Rt R1 R1 R1N� R1 NU AW-ft Man 4!� O R2 R1 R7 u R1 R2 R2 t O SD82 M1 M1 M1 Mt § i Mt Mt _r M1 i Mt Mt al M1 Mt �M1 Exhibit 2 - Vicinity Zoning and Aerial View Zoning Classification Q 500ft Buffer M1 - Light Industrial SITE 0 - Open Space R1 - Single -Family Residence 0 125 250 500 R2 - Two -Family Residence SD82 - SpecificTSDw tg Feet REQUEST FOR COUNCIL/ HOUSING AUTHORITY � ACTION CITY COUNCIL MEETING DATE: DECEMBER 17, 2019 TITLE RECEIVE AND FILE HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2018-19 — LOW AND MODERATE INCOME HOUSING ASSETFUND {STRATEGIC PLAN NO. 5, 11 /s/Kristine Ridge /s/Steven Mendoza CITY MANAGER EXECUTIVE DIRECTOR RECOMMENDED ACTION CITY COUNCIL ACTION Receive and file. HOUSING AUTHORITY ACTION Receive and file. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER DISCUSSION Pursuant to the Dissolution Act, on January 9, 2012 the City Council designated the Housing Authority as the Successor Housing Agency to the dissolved Community Redevelopment Agency of the City of Santa Ana (RDA). Effective February 1, 2012, the Housing Authority retained the housing assets, duties, functions and obligations of the former RDA and continued to complete the housing development projects encumbered prior to the dissolution of the RDA. Senate Bill (SB) 341, signed by the Governor on October 1, 2013, amended the Health & Safety Code (HSC) Section 34176 and addresses functions to be performed by the housing successor agencies. This bill, effective January 2014, required all housing successor agencies to provide an annual report to its governing body within six months after the end of the fiscal year, starting with FY 2013-14. Among the requirements is an independent financial audit of the Low and Moderate Income Housing Asset Fund (LMIHAF), and information regarding specific housing financial data and activities. The independent financial audit of the LMIHAF is included in the City's Comprehensive Annual Financial Report (CAFR) for Fiscal Year (FY) 2018-19, as prepared by the Finance and Management Services Agency, and is posted on the City's website at https://www.santa-ana.org/finance/comprehensive-annual-financial-reports-cafr-and-other- financial-reports. Assembly Bill (AB) 1793, signed by the Governor on September 27, 2014, further amended HSC Section 34176.1 to require housing successor agencies to include additional information on homeownership units assisted by the former RDA or housing successor that are subject to covenants or restrictions. The FY 2017-18 annual report included this additional information and E:1�1hw Housing Successor Annual Report FY 2018-19 December 17, 2019 Page 2 any changes that occurred in the last fiscal year are identified in the FY 2018-19 annual report (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. Housing Successor Annual Report FY 2018-19 80A-2 HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2018-2019 PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f) FOR THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA This Housing Successor Annual Report (Report) regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code Section 34176.1(f) and is dated as of December 17, 2019. This Report sets forth certain details of the Housing Authority of the City of Santa Ana (Housing Successor) activities during Fiscal Year 2018-2019 (Fiscal Year). The purpose of this Report is to provide the governing body of the Housing Successor an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 34176.1 (Dissolution Law). The following Report is based upon information prepared by Housing Successor staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund, as incorporated in the City of Santa Ana Comprehensive Annual Financial Report for Fiscal Year 2018-2019 (Fiscal Year) as prepared by White Nelson Diehl Evans LLP (Audit), which Audit is separate from this annual summary Report; further, this Report conforms with and is organized into sections I. through XII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law: I. Amount Deposited into LMIHAF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited. II. Ending Balance of LMIHAF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited. III. Description of Expenditures from LMIHAF: This section provides a description of the expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be categorized. IV. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts. HOUSING AUTHORITY OF THE CITY OF SANTA 8/19 Page 1 V. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing. VI. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project. VI 1. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project. Vill. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor's progress in meeting those prior obligations, if any, of the former redevelopment agency and how the Housing Successor's plans to meet unmet obligations, if any. IX. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met. Information is provided covering the period of January 1, 2014 — June 30, 2019. X. Senior Housing Test: This section provides the percentage of units of deed -restricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is January 1, 2009 to December 31, 2018. XI. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor's plan for eliminating the excess surplus. XI I. Inventory of Homeownership Units: This section provides an inventory of homeownership units assisted by the former redevelopment agency or the Housing Successor that are subject to covenants or restrictions or to an adopted program that HOUSING AUTHORITY OF THE CITY OF SANTA 8/19 Page 2 protects the former redevelopment agency's investment of moneys from the Low and Moderate Income Housing Fund pursuant to Section 33334.3(f). This Report is to be provided to the Housing Successor's governing body by December 31, 2019. In addition, this Report and the former redevelopment agency's pre -dissolution Implementation Plans are to be made available to the public on the City's website (https://www.santa-ana.org/cd/oversight-board.) I. AMOUNT DEPOSITED INTO LMIHAF A total of $786,125 was deposited into the LMIHAF during the Fiscal Year. Of the total funds deposited into the LMIHAF, a total of $0 was held for items listed on the ROPS. II. ENDING BALANCE OF LMIHAF At the close of the Fiscal Year, the ending balance in the LMIHAF was $1,628,993 of which $0 is held for items listed on the ROPS. III. DESCRIPTION OF EXPENDITURES FROM LMIHAF The following is a description of expenditures from the LMIHAF by category: Monitoring & Administration Expenditures $ 247,165 1 Homeless Prevention and Rapid Rehousing Services Expenditures $ 0 Housing Development Expenditures ➢ Expenditures on Moderate Income Units $ 150,827 ➢ Expenditures on Low Income Units $2,921,302 ➢ Expenditures on Very -Low Income Units $ 471,213 ➢ Expenditures on Extremely -Low Income Units $1,411,963 ➢ Total Housing Development Expenditures $4,955,305 Total LMIHAF Expenditures in Fiscal Year $5,202,470 2 The independent financial audit of the LMIHAF includes an additional $3,400,295 for bad debt expenses for loans receivable, for a total expenditure of $3,647,460. 2 Including the additional item from footnote 1 above, the total LMIHAF per the audit is $3,902,765. However, this total does not reflect $4,700,000 in loans for the development of 51 affordable housing units. HOUSING AUTHORITY OF THE CITY OF SANTA 8/19 Page 3 IV. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF Under the Dissolution Law and for purposes of this Report, the "statutory value of real property" means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(0, and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF. The following provides the statutory value of assets owned by the Housing Successor. V. DESCRIPTION OF TRANSFERS The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year. VI. PROJECT DESCRIPTIONS The following is a description of project(s) for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS as well as the status of the project(s): N/A All former projects on the ROPS have been VI 1. STATUS OF COMPLIANCE WITH SECTION 33334.16 Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012; however, this Report presents a status update on the project related to such real property. With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset in the LMIHAF; thus, as to real property acquired by the former redevelopment agency HOUSING AUTHORITY OF THE CITY OF SANTA 8/19 Page 4 now held by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities consistent with the development of the real property for the purpose for which it was acquired within five years of the date the DOF approved such property as a housing asset. The following provides a status update on the real property or properties housing asset(s) that were acquired prior to February 1, 2012 and compliance with five-year period: The following provides a status update on the project(s) for property or properties that have been acquired by the Housing Successor using LMIHAF on or after February 1, 2012: Vill. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413 Replacement Housing: According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, the following replacement housing obligations were transferred to the Housing Successor: One (1) very -low income five -bedroom unit was removed in 2005. The replacement housing obligation transferred to the Housing Successor was fulfilled in a previous fiscal year with the WBBB project that accommodated a five -bedroom unit within the site. At the end of Fiscal Year 2018-2019, the Housing Successor has met all replacement housing obligations transferred from the former redevelopment agency. HOUSING AUTHORITY OF THE CITY OF SANTA 2 18/19 Page 5 Inclusionary/Production Housing. According to the FY 2010 — FY 2015 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The former redevelopment agency's Implementation Plans are posted on the City's website at hftps://www.santa- ana.org/cd/oversight-board. IX. EXTREMELY -LOW INCOME TEST Section 34176.1(a)(3)(B) requires that the Housing Successor must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the Extremely -Low Income requirement in any five-year report, then the Housing Successor must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Housing Successor demonstrates compliance with the Extremely -Low Income requirement. This information below is for the period of January 1, 2014 — June 30, 2019: AMI 01/01/14 — 06/30/14 FY 2014-15 FY 2015/16 FY 2016/17 FY 2017/18' FY 2018/19 Totals 80%- 120% $624,636 $642,409 $445,032 $34,847 $0 $150,827 $1,897,751 50%-80% $58,832 $40,956 $300,376 $98,746 $1,624,510 $2,921,302 $5,044,722 30%-50% $19,365 $0 $0 $0 $2,606,004 $471,213 $3,096,582 0%-30% $8,853 $0 $0 $0 $4,219,469 $1,411,963 $5,640,285 Totals $711,686 $683,365 $745,408 $133,593 $8,449,983 $4,955,305 $15,679,340 % of Funds Expended on 30% or Less of AMI 1.24% 0% 0% 0% 49.93% 28.49% 35.97% ' Expenditures reflected corrected totals as compared to original FY 2017-18 report. $8,437,513 in loans for the development of 69 affordable housing units were not included. X. SENIOR HOUSING TEST The Housing Successor is to calculate the percentage of units of deed -restricted rental housing restricted to seniors and assisted by the Housing Successor, the former redevelopment agency and/or the City within the previous 10 years in relation to the aggregate number of units of deed -restricted rental housing assisted by the Housing Successor, the former redevelopment agency and/or City within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed -restricted rental units. The following provides the Housing Successor's Senior Housing Test for the 10 year period of January 1, 2009 to December 31, 2018: HOUSING AUTHORITY OF THE CITY OF SANTA 8/19 Page 6 # of Assisted Senior Rental Units 0 # of Total Assisted Rental Units 541 Senior Housina Percentaae 0% XI. EXCESS SURPLUS TEST Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor's preceding four Fiscal Years, whichever is greater. The following provides the Excess Surplus test for the preceding four Fiscal Years: 3 The FY 2015/16 beginning balance is restated due to the reclassification of the long-term loans receivable from deferred inflows of resources, unavailable revenue, to an allowance for uncollectible accounts. HOUSING AUTHORITY OF THE CITY OF SANTA 8/19 Page 7 The LMIHAF does not have an Excess Surplus. (Refer to calculation below.) Fund Balance — June 30, 2019 $33,014,290 Less Unavailable Amounts Loans and notes ( 28,624,000) Land held for resale ( 2,855,050) Restricted cash and investments with fiscal agent ( 5,898) Liabilities —Accounts payables & deposits ( 97,972) Deferred inflows of revenues ( 3,020) Project Commitments and Monitoring ( 1,336,506) Available Low Income Housing Funds 91,844 Limitation (Greater of $1,000,000 or Four Years Deposits): Aggregate amounts deposited for preceding four fiscal years 2015 — 2016 312,836 2016 — 2017 138,585 2017 — 2018 540,960 2018 — 2019 786,125 Total deposits for the preceding four fiscal years 1,778,506 Base limitation 1,000,000 Greater Amount 1,778,506 Computed Excess Surplus — June 30, 2019 $ XI I. INVENTORY OF HOMEOWNERSHIP UNITS (A) As of June 30, 2019, there was a total of 60 homeownership units and 796 rental units subject to covenants or restrictions. Of this total, all 856 units had affordability restrictions. (B) During FY 2018-19, one (1) single family unit was lost to the portfolio as the borrower paid off the loan earlier than the original maturity date. (C) There were no funds returned to the Housing Successor as part of an adopted program that protects the former redevelopment agency's investment of moneys from the former Low and Moderate Income Housing Fund in FY 2018-19. (D) The Housing Authority of the City of Santa Ana has not contracted with any outside entity for the management of the units. HOUSING AUTHORITY OF THE CITY OF SANTA 1 1 Y /19 Page 8